State v. Vandewalle, Unpublished Decision (12-14-2000)
State v. Vandewalle, Unpublished Decision (12-14-2000)
Dissenting Opinion
I respectfully dissent. I have reviewed the trial court's statement at the conclusion of the March 3, 2000 oral hearing on appellant's suppression motion. T. at 176-179. I find the record contains sufficient findings to satisfy Crim.R. 12(E) and upon which this Court may conduct review.
Opinion of the Court
OPINION
Appellant Jenna Vandewalle appeals a judgment of the Fairfield County Municipal Court convicting her of operating a motor vehicle with a prohibited breath-alcohol concentration in violation of R.C.I. THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION TO SUPPRESS AS THE POLICE OFFICER DID NOT HAVE REASONABLE SUSPICION OF CRIMINAL ACTIVITY BASED ON ARTICULABLE FACTS TO JUSTIFY AN INVESTIGATIVE STOP.II. THE TRIAL COURT ERRED TO THE PREJUDICE OF THE APPELLANT BY OVERRULING THAT PORTION OF HER MOTION WHICH ALLEGED THAT THE OFFICER LACKED PROBABLE CAUSE TO PLACE HER UNDER ARREST FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL.
Both of appellant's assignments of error are directed to the court's ruling on the motion to suppress. Our review of the record and of the docket discloses no written judgment overruling this motion. The court announced its decision from the bench, finding reasonable suspicion justifying the stop of the vehicle, and probable cause for the arrest. Crim.R. 12 (E) requires a court ruling on a pre-trial motion to state its essential findings on the record if factual issues are involved. The rationale for this rule is to assist appellate review, as the trial court reviews the credibility of the witnesses and determines the facts. City of Bryan v. Knapp (1986),
Gwin, P.J., and Wise, J., concur. Hoffman, J., dissents.
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