State v. Keane, Unpublished Decision (1-24-2000)
State v. Keane, Unpublished Decision (1-24-2000)
Opinion of the Court
OPINION
Defendant-appellant Mary Jane Keane appeals her conviction and sentence entered by the Canton Municipal Court on one count of operating a motor vehicle without a driver's license, in violation of R.C.I. WHETHER THE COURT ERRED IN FINDING DEFENDANT GUILTY OF O.R.C.
4503.21 .II. WHETHER THE COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE.
No person who is the owner or operator of a motor vehicle shall fail to display in plain view on the front and rear of the motor vehicle the distinctive number and registration mark, including any county identification sticker and any validation sticker issued under sections
4503.19 and 4503.19.1 [4503.19.1] of the Revised Code, * * *
(Emphasis added).
Appellant submits the word "any," as used in the aforementioned statute is equivalent to "every" or "all". Brief of Appellant 11. Appellant asserts because the statutory language does not include an adjective describing the validation sticker required, she was in compliance with the statute as the vehicle in which she was driving displayed a license plate, county sticker, and validation sticker — albeit, an expired one. Appellant has overlooked the "issued under sections
Upon the filing of an application for registration and the payment of the tax for registration, the registrar of motor vehicles or a deputy registrar shall determine whether the owner previously has been issued license plates for the motor vehicle described in the application. If no license plates previously have been issued to the owner for that motor vehicle, the registrar or deputy registrar shall assign to the motor vehicle a distinctive number and issue and deliver to the owner in the manner that the registrar may select a certificate of registration, in the form that the registrar shall prescribed, and, except as otherwise provided in this section, two license plates, duplicates of each other, and a validation sticker, or a validation sticker alone, to be attached to the number plates as provided in section 4503.19.1 [4903.19.1] of the Revised Code.
* * *
R.C. 4503.19.1 states, in part:
(A) The identification license plate shall be issued for a multi-year period as determined by the director of public safety, and shall be accompanied by a validation sticker, to be attached to the license plate. The validation sticker shall indicate the expiration of the registration period to which the motor vehicle for which the license plate is issued is assigned, in accordance with rules adopted by the registrar. During each succeeding year of the multi-year period following the issuance of the plate and validation sticker, upon the filing of an application for registration and the payment of the tax therefor, a validation sticker alone shall be issued.
* * *
(Emphasis added).
We find the "any validation sticker" language in R.C.
(C) Motion date. All pretrial motions except as provided in Rule 7(E) and Rule 16(F) shall be made within thirty-five days after arraignment or seven days before trial, whichever is earlier. The court in the interest of justice may extend the time for making pretrial motions.
A review of the record reveals appellant filed her motion to suppress on the morning of trial and served the State with a copy of the motion immediately prior to the commencement of trial. Appellant was arraigned on April 22, 1999, and the trial commenced on May 25, 1999. Pursuant to Crim.R. 12(C), appellant was required to file her motion to suppress on or before May 18, 1999. We find the trial court did not abuse its discretion in denying appellant's motion as untimely. Appellant's second assignment of error is overruled.
The convictions and sentences entered by the Canton Municipal Court are affirmed.
By: HOFFMAN, J. GWIN, P.J. and FARMER, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.