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STATE v. CASTLE

No. 12AP-369.

2012 Ohio 6028

State of Ohio, Plaintiff-Appellant, v. Floyd T. Castle, Jr., Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

December 20, 2012.

Attorney(s) appearing for the Case

Richard C. Pfeiffer , City Attorney, Lara N. Baker , City Prosecutor, and Orly Ahroni , for appellant.

Cleve M. Johnson , for appellee.

DECISION

BRYANT, J.

{¶1} Plaintiff-appellant, State of Ohio, appeals from the April 24, 2012 judgment entry of the Franklin County Municipal Court granting the motion to suppress of defendant-appellee, Floyd T. Castle, Jr. The state assigns a single error:

THE TRIAL COURT ERRED WHEN IT SUPPRESSED THE RESULTS OF APPELLEE'S BREATH ALCOHOL TEST ADMINISTERED ON A BAC DATAMASTER BASED ON A FINDING THAT THE TROOPER COULD NOT USE A BAC...

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