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State of Ohio v. Germaine Ware

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
GERMAINE WARE DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-543201

The opinion of the court was delivered by: Frank D. Celebrezze, Jr., P.J.:

Cite as State v. Ware,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Celebrezze, P.J., Sweeney, J., and Keough, J.

{¶1} Appellant, Germaine Ware, appeals the judgment of the trial court denying his motion to suppress and his conviction for failure to comply, in violation of R.C. 2921.331(B). After careful review of the record and relevant case law, we affirm.

{¶2} Appellant was indicted by the Cuyahoga Grand Jury in Case No. CR-538697 on one count of felonious assault, in violation of R.C. 2903.11(A)(2).

Subsequently, appellant was reindicted in Case No. CR-543201 on one count of felonious assault, in violation of R.C. 2903.11(A)(2), and one count of failure to comply, in violation of R.C. 2921.331(B).

{¶3} On December 10, 2010, appellant filed a motion to suppress evidence and a motion to dismiss the failure to comply charge. On December 14, 2010, the trial court held a pretrial hearing to review appellant's motions. At the conclusion of the hearing, the trial court denied appellant's motion to suppress and motion to dismiss.

{¶4} Appellant waived his right to a jury trial on the failure to comply violation, and on December 15, 2010, appellant's charge for felonious assault proceeded to a jury trial while his failure to comply count was argued to the bench. At the conclusion of trial on December 20, 2010, appellant was found not guilty by the jury on the felonious assault charge. However, appellant was convicted by the trial court for failure to comply, a first degree misdemeanor. On December 28, 2010, appellant was sentenced to four months of community control sanctions.

{¶5} Appellant's timely appeal raises three assignments of error:

{¶6} I. "The trial court erred by denying appellant's motion to suppress where reasonable and articulable suspicion was not present to support a Terry stop."

{¶7} II. "The trial court erred by denying appellant's motion to dismiss where the statutory provision is invalid as applied to the present facts and circumstances."

{ΒΆ8} III. "Appellant's conviction for failure to comply with an order or signal of a police officer was against the ...


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