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STATE v. ELLIOTT

No. 92324.

2010 Ohio 241

State of Ohio, Plaintiff-Appellee, v. Johndrell Elliott, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: January 28, 2010.

Attorney(s) appearing for the Case

Tyrone E. Reed, 11811 Shaker Boulevard, Suite 420, Cleveland, Ohio 44120, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Brett Kyker, Assistant Prosecuting Attorney, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Celebrezze, J., Blackmon, P.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Defendant-appellant Johndrell Elliot ("appellant") appeals the trial court's denial of his motion to suppress. After a thorough review of the record and pertinent case law, we affirm in part, reverse and vacate in part, and remand for resentencing.

{¶ 2} On April 23, 2008, Officer Jeffrey Yasenchack observed appellant driving a white Dodge Magnum with...

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