State v. Bryant

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[Cite as State v. Bryant, 2002-Ohio-2319.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, : : CASE NO. CA2001-07-075 (Accelerated Calendar) : Plaintiff-Appellee, JUDGMENT ENTRY 5/13/2002 - vs : MARK BRYANT, : Defendant-Appellant. : CRIMINAL APPEAL FROM MUNICIPAL COURT {¶1} This cause is an accelerated appeal from the Mason Municipal Court in which defendant-appellant, Mark Bryant, appeals the denial of his motion to suppress. {¶2} The trial court found that the arresting officer had probable cause to arrest appellant for DUI. On appeal, appel- lant claims the trial court erred in finding probable cause to make the arrest. {¶3} Appellant's assignment of error is overruled on the basis of State v. Lane (1997), 118 Ohio App.3d 485. Appellant has failed to provide a transcript of proceedings or an App.R. 9 statement in lieu of the transcript. Consequently, this court has nothing to pass upon and must affirm the lower Warren CA2001-07-075 court's judgment. Id. See, also, State v. Hileman (1998), 125 Ohio App.3d 526. {¶4} The judgment of the trial court is hereby affirmed. Pursuant to App.R. 11.1(E), this entry shall not be relied upon as authority and will not be published in any form. A certified copy of this judgment entry shall constitute the mandate pursuant to App.R. 27. Costs to be taxed in compliance with App.R. 24. __________________________________ Stephen W. Powell, Presiding Judge __________________________________ William W. Young, Judge __________________________________ Anthony Valen, Judge - 2 -

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