CITY OF CLEVELAND v. BELCHER

No. 97562.

2012 Ohio 3365

CITY OF CLEVELAND, PLAINTIFF-APPELLEE, v. DEMETRIUS BELCHER, DEFENDANT-APPELLANT.

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

Released and Journalized: July 26, 2012.


Attorney(s) appearing for the Case

John F. Corrigan , 19885 Detroit Rd., #335, Rocky River, Ohio 44116, Attorney for Appellant.

Barbara Langhenry , Interim Director of Law, City of Cleveland, 601 Lakeside Avenue, Rm. 106, Cleveland, Ohio 44114, Victor R. Perez , Chief City Prosecutor, Connor P. Nathanson , Assistant City Prosecutor, 8th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Cooney, J., Blackmon, A.J., and Rocco, J.


JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.

{¶1} Defendant-appellant, Demetrius Belcher ("Belcher"), appeals the trial court's denial of his motion to return property. Finding merit to the appeal, we reverse and remand.

{¶2} In June 2010, Belcher was charged by the city of Cleveland (the "City") with having a weapon while intoxicated, in violation of Cleveland Codified Ordinances 627.03, a first degree...

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