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State v. Wilcox

Court of Appeals of Ohio, Fifth District

August 1, 2013

STATE OF OHIO Plaintiff-Appellee
v.
PAUL M. WILCOX, III Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 12-CR-0067

For Plaintiff-Appellee BENJAMIN E. HALL.

For Defendant-Appellant DAVID L. BLACKWELL.

Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. Craig R. Baldwin, J.

OPINION

Farmer, J.

{¶1} On July 23, 2012, the Coshocton County Grand Jury indicted appellant, Paul Wilcox, III, on two counts of theft in violation of R.C. 2913.02. Said charges involved the theft of semi tractor-trailers.

{¶2} On October 23, 2012, appellant filed a motion to suppress, claiming an unlawful search and seizure of his vehicle due to a police officer placing a GPS tracking device on the vehicle. The GPS unit was authorized to be placed on appellant's vehicle via an entry signed by a Coshocton County municipal court judge. A hearing was held on November 15, 2012. By judgment entry filed November 28, 2012, the trial court denied the motion.

{¶3} On December 13, 2012, appellant pled no contest to amended counts of theft. The trial court found appellant guilty. By judgment entry filed February 4, 2013, the trial court sentenced appellant to an aggregate term of seventeen months in prison.

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

I

{¶5} "THE TRIAL COURT ERRED IN DENYING THE APPELLANT'S MOTION TO SUPPRESS THE SEARCH WARRANT."

II

{ΒΆ6} "THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT DENIED THE APPELLANT'S MOTION TO SUPPRESS ...


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