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State v. Miller

Court of Appeals of Ohio, Fifth District

January 11, 2008

STATE OF OHIO, Plaintiff-Appellee
v.
DALE MILLER, Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. 06 CR 163.

For Plaintiff-Appellee DANIEL G. PADDEN PROSECUTING ATTORNEY.

For Defendant-Appellant ANDREW J. WARHOLA.

Hon. Sheila G. Farmer, P. J. Hon. John W. Wise, J. Hon. Julie A. Edwards, J.

OPINION

WISE, J.

{¶1} Appellant Dale Miller appeals from the denial of his motion to suppress evidence in the Court of Common Pleas, Guernsey County. The relevant facts leading to this appeal are as follows.

{¶2} On September 14, 2006, as part of drug enforcement operation conducted by the Cambridge Police Department utilizing a confidential informant, officers executed a search warrant at a residence located at 522 Whitaker Road. At that time, police officers found powdered cocaine and $1, 011.00 in U.S. currency in appellant's pockets. Appellant was discovered in the bathtub, and was thereupon arrested. Police officers had entered the residence following the issuance of a search warrant pertaining to James Blankenship, the purported "resident" of the property known as 522 Whitaker Road.

{¶3} On October 3, 2006, the Guernsey County Grand Jury indicted appellant on one count of possession of cocaine, a felony of the fourth degree, with a forfeiture specification, and one count of trafficking in cocaine, a felony of the fifth degree, also with a forfeiture specification.

{¶4} On October 25, 2006, appellant filed a motion to suppress the evidence seized at the time of appellant's arrest on September 14, 2006. The trial court conducted a hearing on said motion on November 20, 2006. Via a judgment entry filed November 27, 2006, the trial court denied appellant's request to suppress the seized evidence.

{¶5} On December 16, 2006, appellant appeared before the court and entered a plea of no contest to the charge of trafficking in cocaine (count two). As part of the plea agreement, count one was dismissed. On January 31, 2007, following a hearing, appellant was sentenced to nine months in prison, with a forfeiture of $1, 011.00 in cash.

{¶6} On February 27, 2007, appellant filed a notice of appeal. He herein raises the following two Assignments of Error:

{¶7} "I. THE TRIAL COURT ERRED WHEN IT DENIED DEFENDANT'S MOTION TO SUPPRESS WHERE THE SEARCH WARRANT AND AFFIDAVIT CONTAINED MATERIALLY FALSE STATEMENTS, WHICH WERE NECESSARY FOR A FINDING OF PROBABLE CAUSE, AND WERE MADE BY THE POLICE WITH RECKLESS DISREGARD FOR THE TRUTH.

{¶8} "II. THE TRIAL COURT ERRED BY ALLOWING THE POLICE TO TESTIFY DURING THE SUPPRESSION HEARING REGARDING STATEMENTS MADE TO THE POLICE BY A CONFIDENTIAL INFORMANT, IN VIOLATION OF THE DEFENDANT'S CONFRONTATION RIGHTS PURSUANT TO THE SIXTH AMENDMENT TO THE UNITED STATES ...


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