STATE v. LETNER

Appellate No. 24277.

2011 Ohio 3732

State of Ohio, Plaintiff-Appellee, v. Dale M. Letner, Defendant-Appellant.

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

Rendered on July 29, 2011.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by LAURA M. WOODRUFF , Atty. Reg. #0084161, 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.

ADRIAN KING , Atty. Reg. #0081882, Adrian King Law Office, LLC, 36 North Detroit Street, Suite 104, Xenia, Ohio 45385, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

Defendant-appellant Dale M. Letner appeals from his conviction and sentence, following a no-contest plea, for Having a Weapon While Under a Disability. Letner contends that the trial court erred when it overruled his motion to suppress evidence he claims was obtained by an unlawful search and seizure.

We conclude that there is evidence in the record from which the trial court could find that the evidence was found in plain view,...

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