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STATE v. CHARETTE

No. 2012-P-0045.

2012 Ohio 5937

STATE OF OHIO, Plaintiff-Appellant, v. ISAAC J. CHARETTE, Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Portage County.

December 17, 2012.

Attorney(s) appearing for the Case

Victor V. Vigluicci , Portage County Prosecutor, and Pamela J. Holder , Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellant).

William D. Lentz , Sandvoss & Lentz, 228 West Main Street, P.O. Box 248, Ravenna, OH 44266-0248 (For Defendant-Appellee).

MEMORANDUM OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} Appellant, the state of Ohio, appeals from the judgment of the Portage County Municipal Court, Ravenna Division, granting the motion to suppress the results of the Intoxilyzer 8000 breath test of appellee, Isaac Charette. At issue is whether the state is required to first produce evidence of a breath test machine's general reliability as a precondition for admitting breath test results....

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