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STATE v. COSBY

No. 22293.

177 Ohio App.3d 670 (2008)

2008-Ohio-3862

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

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

Decided August 1, 2008.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Michele D. Phipps, Assistant Prosecuting Attorney, for appellee.

William D. Rohrkaste, for appellant.

GRADY, Judge.

{¶ 1} Defendant, Ernest Cosby, appeals from his conviction and sentence for possession of crack cocaine.

{¶ 2} In overruling defendant's motion to suppress the evidence, the trial court made the following findings of fact:

{¶ 3} "On September 22, 2006, at about 4:00 a.m., Montgomery County Sheriff Deputy Brian Shiverdecker was on routine patrol in the area of the intersection of North...

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