State v. Ulrich

This matter is before the court upon the motion of the state of Ohio for leave to appeal, notice of appeal filed by the state and memorandum in support of jurisdiction. The defendant in the trial court has, pursuant to App. R. 5(A), as construed in State v. Wallace (1975), 43 Ohio St. 2d 1 [72 O.O.2d 1], filed a motion to “dismiss the appeal of the State of Ohio” which we shall construe as a memorandum in opposition to the claims of the state.

Defendant was charged with the offense of driving under the influence of alcohol in violation of R.C. 4511.19(A) (3). 1 A trial to the court was…