COURT OF APPEALS OF OHIO, EIGHTH DISTRICT 
                        COUNTY OF CUYAHOGA 
                                NO. 70249
CITY OF CLEVELAND             :
                              :
        Plaintiff-Appellee    :
                              :      JOURNAL ENTRY
     -vs-                     :           AND
                              :         OPINION
KEVIN E. STRATTON             :
                              :
        Defendant-Appellant   :
                              :
DATE OF ANNOUNCEMENT
  OF DECISION:                 JANUARY 30, 1997   
CHARACTER OF PROCEEDING:      CRIMINAL APPEAL FROM THE 
                              CLEVELAND MUNICIPAL COURT
                              CASE NO. 95-TRC-60146
JUDGMENT:                     AFFIRMED.  
DATE OF JOURNALIZATION:                           
APPEARANCES:
For Plaintiff-Appellee:       CAROLYN WATTS ALLEN 
                              Chief Prosecutor
                              City of Cleveland
                              GEORGE A. PACE, JR. (#0043956)
                              First Assistant Prosecutor
                              Justice Center - 8th Floor
                              1200 Ontario Street
                              Cleveland, Ohio  44113
For Defendant-Appellant:      BRUCE TYLER WICK (#0017664)
                              Two King James South
                              24600 Center Ridge Road, #115
                              Westlake, Ohio 44145-5624
                               - 2 -
SPELLACY, J.:  
     Defendant-appellant  Kevin  E. Stratton  ("appellant") appeals
his conviction for driving under the influence of alcohol. 
     Appellant assigns the following error for review:  
     THE  TRIAL  COURT  ERRED IN  CONVICTING  MR.  STRATTON OF
     OPERATING A VEHICLE  UNDER THE  INFLUENCE OF ALCOHOL,  IN
     VIOLATION OF R.C. 4511.19(A)(1), MR. STRATTON HAVING BEEN
     PREVIOUSLY   SUBJECTED   TO  AN   ADMINISTRATIVE  LICENSE
     SUSPENSION (ALS) FOR THE SAME ALLEGED CONDUCT.  
Finding the  appeal to lack merit, the  judgment of the trial court
is affirmed.  
                                I. 
     On November 19,  1995, Cleveland  Police Officer Allen  Ceilec
observed appellant drive his automobile through  a red light.  Upon
stopping appellant for the traffic  offense, Officer Ceilec noticed
a strong odor of alcohol on appellant's breath.  Appellant failed a
few brief Field Sobriety Tests and was arrested.  Appellant refused
to  take a breathalyzer test at  the police station.  Appellant was
cited for driving  under the influence  of alcohol and for  driving
through a  red  light.   An Administrative  License Suspension  was
imposed on the day of arrest.  Appellant eventually entered  a plea
of no contest.   The  trial court  entered a finding  of guilt  and
imposed sentence.  
                                II.
     In his assignment of error, appellant contends the trial court
erred  by convicting  appellant of  operating a  vehicle under  the
influence of alcohol.  Appellant argues he already was punished for
                               - 3 -
the  same   conduct  by  the  Administrative   License  Suspension.
Appellant asserts further punishment is  barred by double jeopardy.
     The record before  this court does not reflect  that appellant
raised this double  jeopardy argument below.   Failure to raise  an
apparent constitutional claim at the  trial court level constitutes
a waiver of that argument on appeal.  State v. Awan (1986), 22 Ohio
St.3d 120, 123.   Although appellate courts have the  discretion to
review  claims  when they  are  not raised  below,  that discretion
ordinarily is not exercised where the right to be vindicated was in
existence prior  to  or at  the time  of trial.    State v.  Messer
(1995), 107 Ohio App.3d  51, 58.   Because appellant did not  raise
his  constitutional argument at trial, his double jeopardy claim is
waived.  
     Appellant's assignment of error is overruled.  
     Judgment 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 Cleveland 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 BLACKMON, P.J. and
JOSEPH J. NAHRA, J. CONCUR.
 LEO M. SPELLACY
                                                 JUDGE 
N.B.  This is an announcement of the court's decision.   See App.R.
22(B),  22(D)  and 26(A);  Loc.App.R. 27.    This decision  will be
journalized and will  become the  judgment and order  of the  court
pursuant to App.R. 22(B) unless  a motion for reconsideration  with
supporting brief, per App.R.  26(A), is filed within ten  (10) days
of the announcement  of the court's decision.  The  time period for
review  by the Supreme  Court of Ohio  shall begin to  run upon the
journalization  of  this court's  announcement  of decision  by the
.