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STATE v. JOHNSON

No. 2012-P-0008.

2013 Ohio 440

STATE OF OHIO, Plaintiff-Appellant, v. KYLE M. JOHNSON, Defendant-Appellee.

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

February 11, 2013.

Attorney(s) appearing for the Case

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

J. Chris Sestak , Student Legal Services, Inc., Kent State University, 164 East Main Street, Suite 203, Kent, OH 44240 (For Defendant-Appellee).

OPINION

TIMOTHY P. CANNON, P.J.

{¶1} Appellant, the state of Ohio, pursuant to Crim.R. 12(K), appeals 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, Kyle M. Johnson. At issue is whether the state has the burden at a suppression hearing to establish the general scientific reliability of the breath test machine absent any specific...

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