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State v. Steers

Court of Appeals of Ohio, Fourth District

July 18, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
ROBERT J. STEERS, Defendant-Appellant.:

CRIMINAL CASE FROM COMMON PLEAS COURT DATE JOURNALIZED: 7-18-13

George J. Cosenza.

James E. Schneider, Washington County Prosecuting Attorney, and Amy Graham, Washington County Assistant Prosecuting Attorney.

DECISION AND JUDGMENT ENTRY

Peter B. ABELE, J.

{¶ 1} This is an appeal from a Washington County Common Pleas Court judgment of conviction and sentence. The trial court found Robert J. Steers, defendant below and appellant herein, guilty of the possession of marijuana in violation of RC. 2925.11(A).

{¶ 2} Appellant assigns the following error for review:

"THE COMMON PLEAS COURT OF WASHINGTON COUNTY ERRED WHEN IT DENIED THE APPELLANT'S MOTION TO SUPPRESS ANY AND ALL EVIDENCE SEIZED FROM THE APPELLANT'S PROPERTY AND HOME."

{¶ 3} On June 30, 2011, the Washington County Grand Jury returned an indictment that charged appellant with the possession of marijuana in violation of R.C. 2925.11(A) and (C)(3)(d). Appellant pled not guilty.

{¶ 4} On July 12, 2011, the state filed a Crim.R. 13 joinder motion that requested the trial court to try appellant's marijuana possession case together with case number 10-CR-325. Case number 10-CR-325 charged appellant with cultivating the same marijuana that he allegedly possessed.[1] The court granted the motion and joined the cases for trial.

{¶ 5} Appellant later agreed with the state to plead no contest to possession of marijuana in return for a dismissal of case number 10-CR-325.

{¶ 6} On October 25, 2011, appellant entered a no contest plea to charge of the possession of marijuana. The trial court found appellant guilty and sentenced him to serve forty-five days in jail and three years of community control. This appeal followed.

{¶ 7} In his sole assignment of error, appellant asserts that the trial court erred by overruling his motion to suppress evidence. However, before we can consider the merits of appellant's assignment of error, we first must ascertain whether we can review the trial court's decision that overruled appellant's motion to suppress evidence.

{¶ 8} Appellant did not file a motion to suppress evidence, and the trial court did not issue a decision regarding a motion to suppress evidence, in case number 11-CR-178. Case number 11-CR-178 is the case that appellant has appealed. Instead, appellant filed a motion to suppress evidence in the cultivation of marijuana case (case number 10-CR-325), before the possession of marijuana case (case number 11-CR-178) was filed.

{¶ 9} App.R. 4(A) requires a party to file a notice of appeal within thirty days of the judgment or order appealed. App.R. 3(D) sets forth the required contents of a notice of appeal and states: "[t]he notice of appeal shall specify the party or parties taking the appeal; shall designate the judgment, order or part thereof ...


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