State v. Young, Unpublished Decision (6-8-1998)
State v. Young, Unpublished Decision (6-8-1998)
Opinion of the Court
Upon arrival of the police officer at the accident scene, appellant was arrested and charged with driving while under the influence of alcohol, in violation of R.C.
Appellant assigns as error:
I. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT FAILED TO SUSTAIN OBJECTIONS TO OPINION TESTIMONY GIVEN BY THE OFFICER WHERE THE STATE FAILED TO ESTABLISH A PROPER FOUNDATION TO ELICIT SUCH OPINION TESTIMONY.
II. THE JURY VERDICT OF GUILTY WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
III. THE TRIAL COURT ERRED IN NOT RULING ON THE DEFENDANT'S MOTION FOR ACQUITTAL.
IV. THE TRIAL COURT ERRED IN OVERRULING THE DEFENDANT'S MOTION FOR A NEW TRIAL.
Upon review of the record, we find the State laid proper foundation for the police officer's testimony regarding his opinions. At transcript pages 48 through 50, the arresting officer testified that he had received training in detecting and apprehending drivers suspected of operating a motor vehicle while under the influence of alcohol. The officer further testified that he had received specific training in administering field sobriety tests. This testimony was elicited prior to the officer opining appellant was under the influence of alcohol at the time of accident.
Accordingly, we hereby overrule appellant's first assignment of error.
Accordingly, appellant's second, third and fourth assignments of error are hereby overruled.
For the reasons stated above, the judgment of conviction and sentence entered in the Lancaster Municipal Court is hereby affirmed.
By: Hoffman, J., Farmer, P.J. and Gwin, J. concur.
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Lancaster Municipal Court is affirmed. Costs assessed to appellant.
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