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STATE v. SMITH

No. CA2012-03-022.

2012 Ohio 5962

STATE OF OHIO, Plaintiff-Appellee, v. BRUCE A. SMITH, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Warren County.

December 17, 2012.

Attorney(s) appearing for the Case

David P. Fornshell, Warren County Prosecuting Attorney, Michael Greer, 500 Justice Drive, Lebanon, Ohio 45036, for plaintiff-appellee.

Flanagan, Lieberman, Hoffman & Swaim, Dennis A. Lieberman, 15 West Fourth Street, Suite 100, Dayton, Ohio 45402, for defendant-appellant.

OPINION

S. POWELL, P.J.

{¶ 1} The question on this appeal is whether the trial court erred in failing to suppress the evidence found in a defendant's vehicle when he alleges his consent to search was not voluntary. We affirm the judgment, finding from the totality of the circumstances that the defendant voluntarily consented to the search of his vehicle.

{¶ 2} Defendant-appellant, Bruce A. Smith, was charged in...

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