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State v. Troyer

Court of Appeals of Ohio, Fifth District

August 26, 2013

STATE OF OHIO Plaintiff-Appellee
v.
ADEN TROYER Defendant-Appellant

Civil Appeal from the Canton Municipal Court, Case No. 2012TRC8231.

For Plaintiff-Appellee JOSEPH MARTUCCIO CANTON LAW DIRECTOR TYRONE D. HAURITZ CANTON CITY PROSECUTOR TASHA FORCHIONE ASSISTANT CITY PROSECUTOR.

For Defendant-Appellant MICHAEL A. BOSKE.

Hon. Sheila G. Farmer, P. J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Wise, J.

(¶1} Appellant Aden Troyer appeals the decision of the Canton Municipal Court denying his motion to suppress.

(¶2} Appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

(¶3} On December 23, 2012, Appellant Aden Troyer was stopped for making an improper lane change. Canton Police subsequently took Appellant to Aultman Hospital in order to obtain a blood sample. (Supp. T. at 15). As a result of the blood alcohol test, Appellant was charged with OVI.

(¶4} On February 1, 2013, Appellant filed a Motion to Suppress the results of the blood alcohol test.

(¶5} On February 4, 2013, the State of Ohio filed an Objection to Appellant's Motion to Suppress.

(¶6} On February 11, 2013, the trial court overruled the State's objection and a hearing was held on Appellant's Motion.

(¶7} The following testimony and evidence was presented at the suppression hearing:

(¶8} The blood sample was taken at 2:50 a.m. by a "tech'' using a kit prepared by the Stark County Crime Lab. (Supp. T. at 24, 26, 42). The sample was placed in an envelope, marked with a bio-hazard sticker. (Supp. T. at 22). The sample was then taken to the Canton Police Department by Officer Scott Jones and placed in ...


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