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State v. Wilson

Court of Appeals of Ohio, Fifth District

June 6, 2008

STATE OF OHIO, Plaintiff-Appellee
v.
GARETH A. WILSON, Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 07CR23

For Plaintiff GREGG MARX

For Defendant-Appellant SCOTT P. WOOD

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

OPINION

Farmer, P.J.

{¶1} In November or December of 2006, appellant, Gareth Wilson, purchased a used Chevrolet Tahoe equipped with the OnStar system. Appellant declined OnStar services. On January 2, 2007, OnStar received an emergency button key press from the Tahoe, as the service had yet to be disabled. The OnStar employee did not receive a response, so the employee contacted the Fairfield County Sheriff's Office and requested emergency assistance be sent to the vehicle's location.

{¶2} While monitoring the vehicle, the OnStar employee overheard the occupants of the vehicle discussing a possible illegal drug transaction. The employee permitted the Sheriff's dispatcher to listen to the conversation. The dispatcher contacted Deputy Shaun Meloy regarding the OnStar call. Deputy Meloy in turn notified Reynoldsburg Police Officer Joe Vincent who notified Officer James Triplett.

{¶3} Officer Triplett effectuated a traffic stop of the Tahoe. As Officer Triplett approached the vehicle, he observed furtive movement from appellant, the driver of the vehicle. Officer Triplett removed appellant from the vehicle and conducted a search, whereupon marijuana was discovered.

{¶4} On January 12, 2007, the Fairfield County Grand jury indicted appellant on one count of trafficking in marijuana in violation of R.C. 2925.03(A)(2) and (C)(3)(c), a felony of the fourth degree.

{¶5} On March 15, 2007, appellant filed two motions to suppress, claiming an illegal traffic stop and search, and violations of Ohio's wiretapping and electronic surveillance law. A hearing was held on July 5, 2007. By entries filed August 29, 2007, the trial court denied the motions.

{¶6} On September 4, 2007, appellant pled no contest to the charge which had been amended to a felony in the fifth degree. By judgment entry of sentence filed September 24, 2007, the trial court sentenced appellant to sixty days in jail and then five years of community control. A nunc pro tunc judgment entry of sentence was filed on October 12, 2007 to reflect the trial court's finding of guilty, and move the sixty day jail sentence under the community control sanction.

{¶7} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

{¶8} "THE TRIAL COURT ERRED IN OVERRULING DEFENDANT'S MOTION TO ...


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