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STATE v. SIMMONS

Appellate No. 23991.

2011 Ohio 5561

State of Ohio, Plaintiff-Appellee, v. James L. Simmons, Defendant-Appellant.

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

Rendered on October 28, 2011.

Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by GREGORY P. SPEARS , Atty. Reg. #0009002, Assistant Prosecuting Attorney, 30 Wyoming Street, Dayton, Ohio 45409, Attorney for Plaintiff-Appellee.

CARLO C. McGINNIS , 130 West Second Street, Suite 800, Dayton, Ohio 45402, Attorney for Defendant-Appellant.

OPINION

FAIN, J.

{¶ 1} Defendant-appellant James L. Simmons appeals from his conviction and sentence for Operating a Motor Vehicle While Under the Influence of Alcohol, R.C. 4511.19(A)(1)(a).

{¶ 2} Simmons contends that the trial court erred in overruling his motion to suppress because the trial court incorrectly found that there was reasonable articulable suspicion to justify the officer's request that he perform...

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