COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69493 CITY OF UNIVERSITY HEIGHTS : ACCELERATED DOCKET : Plaintiff-Appellee : : JOURNAL ENTRY -vs- : AND : OPINION JILL S. MORRIS : : Defendant-Appellant : PER CURIAM DATE OF ANNOUNCEMENT OF DECISION APRIL 18, 1996 CHARACTER OF PROCEEDING Criminal appeal from Shaker Heights Municipal Court Case No. 95-TRC-01552 JUDGMENT Affirmed DATE OF JOURNALIZATION APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: STEWART I. MANDEL, ESQ. MARK GARDNER, ESQ. 75 Public Square Bldg. 1260 Quilliams Road Suite 650 Cleveland Hts., Ohio 44121 Cleveland, Ohio 44113-2001 - 2 - PER CURIAM: This appeal is before the Court on the accelerated docket pursuant to App. R. 11.1 and Loc. App. R. 25. Defendant-appellant appeals from her convictions in Shaker Heights Municipal Court following a jury trial for driving under the influence of alcohol and driving in a weaving course in violation of University Heights Cod. Ord. 333.01(a)(1) and 331.34, respectively. Defendant contends the court erred in failing to hold a hearing on her motion to suppress evidence illegally obtained during the traffic stop. We find no error and affirm. There is no transcript in this case. The trial court, however, finding the parties' proposed statements of the case to be unsatisfactory, has submitted its own App.R. 9(C) statement of the case in which it states as follows: 1. On March 24, 1995, Jill S. Morris was stopped for alleged violation of University Heights Codified Ordinance Section 331.34, Driving in a Weaving Course. She was subsequently arrested for alleged violation of University Heights Codified Ordinance Section 331.01(a)(1), Driving Under the Influence, and Driving in a Weaving Course. She was issued two traffic citations for said alleged ordinance violations. 2. Said stop and arrest of Jill S. Morris was not based upon a previously issued judicial warrant. 3. To the charges, Jill S. Morris entered a plea of not guilty and timely requested trial by jury. 4. Jill S. Morris, by and through her counsel, filed a Motion to Suppress consisting of a one page pleading and a service clause on the second page. There were no attachments to said Motion, no supporting memorandum and no factual grounds were - 3 - stated therein. The Motion read in totality as follows: "Now comes the Defendant, Jill Morris, by and through counsel, Mark Gardener, and Motions this Honorable Court to suppress all evidence obtained as a result of the stop of the Defendant on March 24, 1995 by an officer of the University Heights Police Department for the following reason: 1. There was no lawful cause to stop the Defendant, detain her, and/or probable cause to arrest her without a warrant. [State v. Chatton, 11 Ohio St.3d 59, 463 N.E.2d 1237 (1984) (Evidence flowing from an illegal stop, detention, and/or arrest cannot be used to convict a Defendant.) Respectfully submitted," 5. The Motion to Suppress was denied by this Court on May 25, 1995 without a hearing. 6. On the morning of jury trial, June 8, 1995, defense counsel orally renewed the Motion to Suppress without further data in support thereof. The Court again denied said Motion without a hearing. 7. The case proceeded to trial where a jury found Jill S. Morris guilty of violation of both ordinances with which she had been cited. She was sentenced by this court on July 25, 1995. 8. Attached to this order are the Motion to Suppress of Jill S. Morris and the response to Defendant's Motion to Suppress of the City of University Heights. Defendant's sole assignment of error states as follows: I. THE TRIAL COURT ERRED TO THE PREJUDICE OF THE DEFENDANT-APPELLANT IN DENYING HER A HEARING ON THE PROPERLY FILED MOTION TO SUPPRESS. Crim. R. 12(C) and Rule 11(C) of the Ohio Traffic Rules provide that all pretrial motions shall be made "within thirty-five days after arraignment or seven days before trial, whichever is earlier." They also provide that "failure by the defendant to - 4 - raise defenses or objections or to make requests which must be made prior to trial *** shall constitute a waiver thereof." Crim. R. 12(G); Traf. R. 12(F). In State v. Feltner (1993), 87 Ohio App.3d 279, 283, the court held that the failure to request an oral hearing on a pretrial motion constituted a waiver of "the right to assign as error the court's failure to conduct a hearing." Accord State v. Haddix (1994), 92 Ohio App.3d 221, 223 ("A trial court is not required to conduct an evidentiary hearing on a pretrial motion [to suppress] where no hearing is requested"). See, also, State v. McClure (June 14, 1985), Highland App. No. 537, unreported (defendant waived challenge to admissibility of tape as he failed to request a pretrial suppression hearing). Defendant failed to make a timely request for an oral hearing on her motion to suppress. We find that the trial court properly ruled on defendant's motion without conducting a hearing. Defendant's sole assignment of error is overruled. Judgment affirmed. - 5 - 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 Shaker Heights Municipal 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. PATRICIA A. BLACKMON, PRESIDING JUDGE JAMES M. PORTER, JUDGE TIMOTHY E. McMONAGLE, 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 .