STATE v. GASTON

No. 92838.

2010 Ohio 248

State of Ohio, Plaintiff-Appellee, v. Marceal Gaston, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: January 28, 2010.


Attorney(s) appearing for the Case

Patricia J. Smith, Esq., 4403 St. Clair Avenue, the Brownhoist Building, Cleveland, Ohio 44103, Attorney for Appellant.

William D. Mason, Esq., Cuyahoga County Prosecutor, By: Brian P. Murphy, Esq., Assistant County Prosecutor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Dyke, J., Blackmon, P.J., and Cooney, J.


JOURNAL ENTRY AND OPINION

ANN DYKE, J.:

{¶ 1} Defendant-appellant, Marceal Gaston, appeals the trial court's denial of his motion to suppress. For the reasons that follow, we reverse and remand for proceedings consistent with this opinion.

{¶ 2} On May 5, 2008, the Cuyahoga County Grand Jury indicted appellant for one count of drug trafficking in violation of R.C. 2925.03(A)(2) and one count of drug possession...

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