COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

                           COUNTY OF CUYAHOGA

                               NO. 60912



   STATE OF OHIO,                     :
                                      :
             Plaintiff-Appellee       :
                                      :         JOURNAL ENTRY
          vs.                         :              and
                                      :            OPINION
   LOU ANN COLE,                      :
                                      :
             Defendant-Appellant      :
                                      :
                                      :


   DATE OF ANNOUNCEMENT
   OF DECISION                        :    AUGUST 20, 1992


   CHARACTER OF PROCEEDING            :    Criminal appeal from
                                      :    Common Pleas Court
                                      :    Case No. CR-252,559


   JUDGMENT                           :    AFFIRMED.


   DATE OF JOURNALIZATION             :    _______________________


   APPEARANCES:

   For plaintiff-appellee:            Stephanie Tubbs Jones
                                      Cuyahoga County Prosecutor
                                      Justice Center
                                      1200 Ontario Street
                                      Cleveland, Ohio  44113

   For defendant-appellant:           Michael L. Belcher
                                      75 Public Square
                                      Suite 1210
                                      Cleveland, Ohio  44113


















                                  -2-
   NAHRA, P.J.:
        Lou Ann Cole  appeals from the  trial court's denial of  her

   motions in limine  and to quash her indictment.   For the reasons

   set forth below, we affirm.

        Lou Ann Cole was charged with two counts of welfare fraud in

   Cuyahoga Common Pleas No. 229503.  She  entered a no contest plea

   and  was   found  guilty.    The  judge  ordered  a  pre-sentence

   investigation  prior  to  sentencing.    Sentencing  was  delayed

   pending results of urinalysis.  Cole was sentenced to one year of

   imprisonment.    Her subsequent  motion  for shock  probation was

   granted.

        In June, 1990,  Cole was placed  on probation for two  years

   with conditions, including  supervision by  the alcohol and  drug

   dependency unit.

        In June of  1990, Cole was  also charged with violations  of

   drug  law in  Cuyahoga  Common  Pleas  No.  252559  arising  from

   urinalysis test  results obtained  in Cuyahoga  Common Pleas  No.

   229503.  She  filed motions in limine  and a motion to  quash the

   indictment, arguing that  the test results should  have been kept

   confidential pursuant to R.C. 2951.03 and  Crim. R. 32.2(C).  The

   court  denied the motion.   Cole changed her  plea to no contest,

   and  was  found  guilty.    She   was  sentenced  to  six  months

   imprisonment.  Execution  of the sentence was suspended, and Cole

   was placed  on probation until May  30, 1992.   Cole brought this

   timely  appeal  of the  trial court's  denial  of her  motions in

   limine and motion to quash the indictment.  Her single assignment

   of error states as follows:













                                  -3-



        THE TRIAL  COURT ERRED  IN OVERRULING  APPELLANTS (SIC)
        MOTION TO QUASH INDICTMENTS AND MOTION IN LIMINE.

        Appellant  claims  that the  court  should have  quashed the

   indictment and  granted her  motions in  limine pursuant to  R.C.

   2951.03 and  Crim. R. 32.2.  Both R.C.  2951.03 and Crim. R. 32.2

   require   presentence   investigation   reports   to   be    kept

   confidential.  However, as appellant points out in her brief, the

   court  apparently   referred  the  urinalysis   results  to   the

   prosecutor, not the presentence investigation report.

        Both  R.C. 2951.03  and  Crim  R.  32.2 allow  for  physical

   examinations  to  be   conducted  as  part  of   the  presentence

   investigation.  Furthermore, probation is not a matter  of right,

   but  is  allowed  only  according  to  specified  conditions  and

   procedures.  See In Re Reed (1969), 21 Ohio App. 2d 1, 4 and R.C.

   Chapter 2951.   Appellant cites no authority, nor do we find any,

   which  requires  confidentiality   of  urinalysis  test   results

   obtained  during   a  presentence  investigation.     Appellant's

   assignment of error is overruled.

        Affirmed.


























                                  -4-






        It  is ordered that appellee recover  of appellant its costs

   herein taxed.

        The  court  finds  there were  reasonable  grounds  for this

   appeal.   It is ordered that a special  mandate issue out of this

   court directing the  Common Pleas  Court to  carry this  judgment

   into execution.  The defendant's conviction having been affirmed,

   any bail  pending appeal  is terminated.   Case  remanded to  the

   trial court for execution of sentence.

        A certified copy of this  entry shall constitute the mandate

   pursuant to Rule 27 of the Rules of Appellate Procedure.


   SPELLACY, J., and

   JAMES D. SWEENEY, J., CONCUR.


                                              JOSEPH J. NAHRA
                                              PRESIDING JUDGE







   N.B. This entry is  made pursuant to  the third sentence of  Rule
   22(D),  Ohio   Rules  of  Appellate   Procedure.    This   is  an
   announcement of decision (see  Rule 26).  Ten (10) days  from the
   date  hereof   this  document   will  be   stamped  to   indicate
   journalization, at  which time  it will  become the  judgment and
   order of the court and time period for review will begin  to run.



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