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STATE v. PERKINS

No. 18627.

145 Ohio App.3d 583 (2001)

The STATE of Ohio, Appellant, v. PERKINS, Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided August 31, 2001.

Attorney(s) appearing for the Case

Carley J. Ingram, Montgomery County Assistant Prosecuting Attorney, for appellant.

Arvin S. Miller, Montgomery County Assistant Public Defender, for appellee.

FRDERICK N. YOUNG, Judge.

The state of Ohio is appealing from a decision by the Montgomery County Court of Common Pleas sustaining David Perkins, Jr.'s motion to suppress.

The undisputed and pertinent facts of the case are fully set forth in the trial court's decision as follows:

"On September 2, 2000, Dayton Police Officer Stephen Bergman and his partner Officer Gavin Larremore were in uniform and in a marked cruiser driving eastbound on McCall Street...

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