Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of Ohio v. Brian P. Agosta

September 29, 2011

STATE OF OHIO
PLAINTIFF-APPELLEE
v.
BRIAN P. AGOSTA
DEFENDANT-APPELLANT



Criminal Appeal from Fairfield County Municipal Court Case No. 10-CRB-01749

The opinion of the court was delivered by: Edwards, J.

Cite as

State v. Agosta,

JUDGES William B. Hoffman, P.J. Sheila G. Farmer, J. Julie A. Edwards, J.

OPINION

CHARACTER OF PROCEEDING:

JUDGMENT: Reversed and Remanded

{¶1} Appellant, Brian Agosta, appeals a judgment of the Fairfield County Municipal Court convicting him of abusing harmful intoxicants (R.C. 2925.31). Appellee is the State of Ohio.

STATEMENT OF FACTS AND CASE

{¶2} On July 28, 2010, Officer Eric Spiegel of the Lancaster Police Department found appellant asleep or unconscious in the driver's seat of his motor vehicle while stopped at a stop sign. The officer found three canisters in the vehicle, including one on appellant's lap. After the officer turned the car off and awakened appellant, he asked appellant about the canister that had been on appellant's lap. Appellant responded that it was compressed air and he was using it to get high.

{¶3} Appellant was charged with one count of abusing harmful intoxicants. The case proceeded to bench trial in the Fairfield County Municipal Court. Following trial, the court made a finding of guilty from the bench. However, the judgment of conviction and sentence issued by the trial court indicates that appellant entered a plea of guilty. Appellant assigns two errors on appeal:

{¶4} "I. THE TRIAL COURT ERRED IN ADMITTING HEARSAY

STATEMENTS AT TRIAL.

{ΒΆ5} "II. THERE WAS INSUFFICIENT EVIDENCE TO CONVICT APPELLANT OF ABUSING ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.