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STATE v. HARMON

No. 2012-P-0067.

2013 Ohio 442

STATE OF OHIO, Plaintiff-Appellant, v. JESSICA R. HARMON, 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, and Pamela J. Holder , Assistant Prosecutor, and Kristina Drnjevich , Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellant).

Joseph C. Patituce , and Megan M. Patituce , Patituce & Associates, L.L.C., 26777 Lorain Rd., Suite 708, North Olmsted, OH 44070 (For Defendant-Appellee).

OPINION

DIANE V. GRENDELL, J.

{¶1} Plaintiff-appellant, the State of Ohio, appeals the June 20, 2012 Journal Entry of the Portage County Municipal Court, Ravenna Division, suppressing the result of a breath test performed on defendant-appellee, Jessica R. Harmon, using an Intoxilyzer 8000. The issue before this court is whether a trial court, exercising its evidentiary role as gatekeeper, may entertain a challenge to the results of a breath...

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