1995 OHIO 88 - State v. Harper

[This opinion has been published in Ohio Official Reports at

74 Ohio St.3d 2

.]




             THE STATE OF OHIO, APPELLANT, v. HARPER, APPELLEE.
                       [Cite as State v. Harper,

1995-Ohio-88

.]
Criminal procedure—Motion to suppress is proper pretrial procedure for
        challenging the admissibility of breathalyzer test results.
  (No. 95-1054—Submitted September 12, 1995—Decided October 18, 1995.)
    APPEAL from the Court of Appeals for Logan County, No. CA94-08-8014.
                                   _________________
        William T. Goslee, Chief City Prosecutor, for appellant.
        David R. Evans, for appellee.
                                   _________________
        {¶ 1} The discretionary appeal is allowed.
        {¶ 2} The judgment of the court of appeals is reversed on the authority of
State v. French (1995),

72 Ohio St.3d 446

650 N.E.2d 887

.
        MOYER, C.J., F.E. SWEENEY, PFEIFER and COOK, JJ., concur.
        DOUGLAS, WRIGHT and RESNICK, JJ., dissent.
                                  __________________