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STATE v. FOSTER

No. 2009AP020007.

2009 Ohio 4764

State of Ohio, Plaintiff-Appellant, v. James L. Foster, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Tuscarawas County.

DATE OF JUDGMENT ENTRY: September 10, 2009.

Attorney(s) appearing for the Case

Michael J. Ernest, 125 East High Avenue, New Philadelphia, OH 44663, for Plaintiff-Appellant.

Gary L. Greig, 153 North Broadway, New Philadelphia, OH 44663, for Defendant-Appellee.

Before: Hon. Sheila G. Farmer, P.J., Hon. John W. Wise, J., Hon. Julie A. Edwards, J.

OPINION

FARMER, P.J.

{¶1} On March 13, 2008, the Tuscarawas County Grand Jury indicted appellee, James Foster, on one count of possession of a controlled substance in violation of R.C. 2925.11. The charge arose from a search of appellant's vehicle after he was stopped and subsequently arrested for operating a motor vehicle while under the influence of alcohol.

{¶2} On December 9, 2008, appellee filed a motion to...

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