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STATE v. McGUIRE

C.A. No. 24106.

2010 Ohio 6105

State of Ohio, Plaintiff-Appellant, v. Oliver Mcguire, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 10, 2010.

Attorney(s) appearing for the Case

Laura M. Woodruff, Atty. Reg. No. 0084161, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.

Russ B. Cope, Atty. Reg. No. 0083845, 7501 Paragon Road, Lower Level, Dayton, Ohio 45459, Attorney for Defendant-Appellee.

OPINION

DONOVAN, P.J.

{¶ 1} This matter is before the Court on the Notice of Appeal of the State of Ohio, filed June 18, 2010. On December 4, 2009, Oliver McGuire was indicted on one count of illegal cultivation of marijuana, in the vicinity of a juvenile, in violation of R.C. 2925.04(A)(C)(5), a felony of the fourth degree. On March 11, 2010, McGuire filed a motion to suppress, which the trial court sustained, and...

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