State v. Lockett

This appeal was filed and briefed as an accelerated case pursuant to App.R. 11.1 and Local R. 25 of this court. The state of Ohio appeals from the judgment of the trial court, which granted appellee Jeffery Lockett’s motion to suppress. We affirm.

At approximately 8:00 p.m. on September 7, 1993, two police officers who stopped at a traffic light observed two men standing on the sidewalk, drinking beer from an open container. Appellant “was in the area near the persons drinking beer.” He claimed he was walking home from a store carrying pop and potato chips in a brown bag. This testimony was…