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State v. Armbruster

Court of Appeals of Ohio, Ninth District

July 17, 2013

STATE OF OHIO Appellee
v.
MICHAEL J. ARMBRUSTER Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 1112 3293 (A)

THOMAS C. LOEPP, Attorney at Law, for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

WHITMORE, Judge.

{¶1} Defendant-Appellant, Michael Armbruster, appeals from the judgment of the Summit County Court of Common Pleas, denying his motion to suppress. This Court affirms.

I

{¶2} On November 21, 2011, the City of Norton Police Department received a tip that the occupants of Room 315 in the Berlin Motel were actively cooking methamphetamine. Officer John Canterbury responded to the motel and, when he approached Room 315, smelled a strong chemical odor that he associated with methamphetamine. After unsuccessfully attempting to get the occupants of the room to open the door, Officer Canterbury kicked in the door. Once inside, he observed a working methamphetamine lab in plain view. He then arrested the room's two occupants, Armbruster and another individual, and evacuated the motel's tenants for safety reasons.

{¶3} A grand jury indicted Armbruster on each of the following counts: (1) illegal manufacturing of methamphetamine; (2) illegal assembly or possession of chemicals for the manufacture of drugs; and (3) aggravated trafficking in drugs. Each count also contained an attendant forfeiture specification. Armbruster initially pleaded not guilty to the charges and filed a motion to suppress. The trial court held a hearing on the motion and later denied it. After the court denied Armbruster's motion, he withdrew his not guilty plea and pleaded no contest to the charge of illegal manufacturing and the forfeiture specification linked to that charge. The State dismissed the remaining two charges in exchange for Armbruster's plea. The court then sentenced Armbruster to four years in prison.

{¶4} Armbruster now appeals and raises one assignment of error for our review.

II

Assignment of Error

THE TRIAL COURT ERRED IN REFUSING TO SUPPRESS THE SEIZED EVIDENCE.

{¶5} In his sole assignment of error, Armbruster argues that the trial court erred by denying his motion to ...


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