Opinion

State v. Ball

72 Ohio App. 3d 43
8 Ohio App. Unrep. 386
593 N.E.2d 431

Court: Ohio Court of Appeals
Filed: Jan 7, 1991
Status: Published
Author: Nahra
On the bench: Matia, Nahra, Krupansky
Cited by: 13 cases

The opinion

NAHRA, J.,

concurring.

Defendant and his co-defendant, George P. Chandler were tried together. In

State v. Chandler

(Nov. 22, 1989), Cuyahoga App. No. 57731, we held (1) the denial of the motion to suppress was error, and (2) defendant could not be convicted of the felony of possession of criminal tools under a general statute where the same conduct was governed by a special statute which made it a misdemeanor. As the facts here are exactly the same, the result cannot be otherwise.

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