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STATE v. FULLER

No: 10CA5.

2011 Ohio 860

State of Ohio, Plaintiff-Appellee, v. Damark L. Fuller, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Gallia County.

File-stamped date: February 18, 2011.

Attorney(s) appearing for the Case

Richard H. Hedges , Gallipolis, Ohio, for Appellant.

Jeffery C. Adkins , Gallia County Prosecuting Attorney, and Eric R. Mulford , Gallia County Assistant Prosecuting Attorney, Gallipolis, Ohio, for Appellee.

DECISION AND JUDGMENT ENTRY

KLINE, J.

{¶1} Damark L. Fuller appeals his trafficking in crack cocaine conviction and contends that the trial court erred when it denied his motion to suppress as untimely. However, we find that Fuller failed to offer any justification for his untimely motion before the trial court. As such, we find that the trial court acted within its discretion in denying his untimely motion. Accordingly, we affirm the judgment...

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