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STATE v. STEWART

No. 94803.

2010 Ohio 6184

State of Ohio, Plaintiff-Appellant, v. Kenneth Stewart, Defendant-Appellee.

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

RELEASED AND JOURNALIZED: December 16, 2010.

Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, By: Stephanie Heibertshausen , Assistant County Prosecutor, 9th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Jason Davidoff , 55 Erieview Plaza, Suite 324, Cleveland, Ohio 44114, Attorney for Appellee.

Before: Cooney, J., Kilbane, P.J., and Sweeney, J.

JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.

{¶ 1} Plaintiff-appellant, the state of Ohio ("the State"), appeals the trial court's judgment granting the motion to suppress filed by defendant-appellee, Kenneth Stewart ("Stewart"). We find no merit to the appeal and affirm.

{¶ 2} In October 2009, Stewart was charged with having a weapon under disability, in violation of R.C. 2923.13. Stewart filed a motion...

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