[Cite as State v. Buckley , 2019-Ohio-5309.]

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT ASTHABULA COUNTY, OHIO

STATE OF OHIO, : O P I N I O N Plaintiff-Appellee, : CASE NO. 2019- A -0027 - vs - : LARRY ROBERT BUCKLEY, : Defendant-Appellant. :
Criminal Appeal from the Ashtabula County Court of Common Pleas , Case No. 2018 CR 00093. Jud g ment: Affirmed.

Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Stre et, Jefferson, Ohio 44047-1092 ( For Plaintiff-Appellee )

. Gregory T. Stralka , 6509 Brecksville Road, P.O. Box 31776, Independence, Ohio 441 31 ( For Defendant-Appellant )

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THOMAS R. WRIGHT, P.J. {¶1} Appellant, Larry Robert Buckley, appeals his rape conviction co ntending he was denied effective assistance of trial counsel for failure to file a motion to suppress. We affirm. {¶2} Buckley was charged with three counts: rape, a first-degree fe lony in violation of R.C. 2907.02(A)(1)(b), gross sexual imposition, a third-degree felony in violation of R.C. 2907.05(A)(4)(C)(2), and attempted gross sexu al imposition, a fourth-2 degree felony in violation of R.C. 2907.05(A)(4)(C)(2) and 2923 .02(A). A jury convicted him of rape and found him not guilty of the other two charges. He was sentenced to a mandatory term of ten years to life in prison. {¶3} Buckley raises one assigned error: {¶4} “Appellant’s constitutional right to effective assistance of co unsel was violated when such counsel failed to move to suppress the state ment given by appellant to the police.” {¶5} To prevail on a claim of ineffective assistance of counsel, a c riminal appellant must establish (1) deficient performance by counsel, i.e., performance falling below an objective standard of reasonable representation, and ( 2) prejudice, i.e., a reasonable probability that but for counsel's errors, the resul t of the proceeding would have been different. State v. Short , 129 Ohio St.3d 360, 2011-Ohio-3641, 952 N.E.2d 1121, ¶ 113, citing Strickland v. Washington , 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Failure to satisfy either prong is fatal. State v. Bradley , 42 Ohio St.3d 136, 143, 538 N.E.2d 373 (1989). {¶6} Buckley argues that he was given bad advice from an attorney wh o advised him to talk with police before he was charged. During that dis cussion, Buckley made incriminating statements that were used at trial. He now claim s trial counsel was ineffective for failing to move to suppress his statements to p olice based on his other attorney’s poor advice. We disagree. {¶7} Even assuming appellant was given deficient advice, Buckley fai ls to demonstrate that a motion to suppress would have led to exclusi on. It is his duty to support his argument with case law, but he does not direct us t o any that supports his3 argument that suppression is warranted here. S. Russell v. Upchurch, 11th Dist. Geauga Nos. 2001-G-2395 and 2001-G-2396, 2003-Ohio-2099, ¶ 10 (holding that an appellant bears the burden of affirmatively demonstrating error on appeal). If an argument exists that can support an appellant's assignment of e rror, “‘it is not this court's duty to root it out.’” Tally v. Patrick, 11th Dist. Trumbull No. 2008-T-0072, 2009-Ohio1831, ¶ 22, quoting Harris v. Nome, 9th Dist. No. 21071, 2002-Ohio-6994. We likewise know of no case supporting this argument. {¶8} The exclusionary rule was designed to remedy unconstitutional c onduct by
state actors. Michigan v. Tucker , 417 U.S. 433, 446, 94 S.Ct. 2357, 41 L.Ed.2d 182 (1974), citing Elkins v. United States , 364 U.S. 206, 217, 80 S.Ct. 1437, 4 L.Ed.2d 1669 (1960). Even assuming Buckley’s attorney was deficient by advising him to speak with investigating officers, suppression is not warranted since he f ails to establish a constitutional violation at the hands of a state actor. Id. {¶9} Buckley fails to establish that his trial counsel was deficient , and as such, his sole assigned e rror lacks merit. {¶10} The trial court’s decision is affirmed.

TIMOTHY P. CANNON, J., MATT LYNCH, J.,

concur.