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State v. Farris4/28/1989
h assignment of error, appellant contends that the verdict of the jury is against the manifest weight of the evidence.
In examining such an assignment of error, a reviewing court will not reverse a jury verdict where there is substantial evidence upon which a jury could reasonably conclude that all the elements of an offense have been proven beyond a reasonable doubt. State v. Eley (1978), 56 Ohio St.2d 169, 10 O.O.3d 340, 383 N.E.2d 132.
In this case, in addition to the other facts discussed with assignments of error one through five, the record clearly shows that the arresting officer was the holder of a senior operator's permit, that he was qualified to perform the test on appellant, and that he did so in accordance with the requirements of the Department of Health. In addition, the record shows that the intoxilyzer was calibrated in compliance with Ohio Adm.Code 3701-53-04 and that the calibration test results indicated that the machine was functioning properly. Appellant's breath tested at .104 grams of alcohol per two hundred ten liters of breath, sufficient to show a prohibitive concentration of alcohol in violation of R.C. 4511.19(A) (3). Accordingly, appellant's sixth assignment of error is found not well-taken.
On consideration whereof, this court finds that appellant was not prejudiced or prevented from having a fair trial, and the judgment of the Port Clinton Municipal Court is affirmed and remanded for execution of sentence. It is ordered that appellant pay the costs of this appeal.
Judgment affirmed.
CONNORS and GLASSER, JJ., concur.
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