STATE v. DANIEL

Appellate No. 24267.

2011 Ohio 1278

State of Ohio, Plaintiff-Appellee, v. Shawn D. Daniel, Defendant-Appellant.

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

Rendered on March 18, 2011.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by JOHNNA M. SHIA , Atty. Reg. #0067685, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

DANIEL J. O'BRIEN , Atty. Reg. #0031461, 1210 Talbott Tower, 131 North Ludlow Street, Dayton, Ohio 45402, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Shawn Daniel appeals from his conviction and sentence for Possession of Cocaine. Daniel claims that the trial court should have granted his motion to suppress because the State failed to prove that his car was searched pursuant to a standardized, written police tow policy, and he insists that trial counsel was ineffective for failing to raise this issue below. Daniel maintains that the search warrant...

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