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State v. Baker

Court of Appeals of Ohio, Fifth District

August 9, 2013

STATE OF OHIO Plaintiff-Appellee
v.
JESSE JAMES BAKER Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case Nos 10CR103, 11CR2

For Plaintiff-Appellee STEVE KNOWLING PROSECUTING ATTORNEY, SEAN M. WARNER ASSISTANT PROSECUTOR.

For Defendant-Appellant DAVID M. HUNTER.

Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

JOHN W.WISE, JUDGE.

(¶1} Appellant Jesse James Baker appeals his convictions and sentences on several drug-related offenses in the Court of Common Pleas, Holmes County, following a prior remand from this Court. Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.

(¶2} On October 22, 2010, drug enforcement agents executed a search warrant for a camper, garage, and house on Township Road 212 in Washington Township, Holmes County. Based on evidence seized during the search and on the corresponding investigation, the Holmes County Grand Jury indicted appellant and a co-defendant in Case No. 10CR103 on November 23, 2010, on the following charges:

(¶3} Count I: Illegal Manufacture of Methamphetamine, in violation of R.C. 2925.04, a second degree felony;

(¶4} Count II: Illegal Assembly or Possession of Chemicals/Methamphetamine, in violation of R.C. 2925.041, a third degree felony;

(¶5} Count III: Aggravated Trafficking in Methamphetamine, in violation of R.C. 2925.03, a third degree felony;

(¶6} Count IV: Possession of Methamphetamine, in violation of R.C. 2925.11, a third degree felony;

(¶7} Count V: Possession of Heroin, in violation of R.C. 2925.11, a fifth degree felony;

(¶8} Count VI: Possession of Drug Paraphernalia, in violation of R.C. 2925.14, a fourth degree misdemeanor;

(¶9} Count VII: Weapons Under Disability, in violation of R.C. 2923.13, a third degree felony.

(¶10} The indictment also contained a forfeiture specification and a firearm specification.

(¶11} On January 11, 2011, appellant was also indicted in Case No. 11CR002. This indictment contained one count of Illegal Manufacture of Methamphetamine, F-2, in violation of R.C. 2925.04, one count of Illegal Assembly, F-3, in violation of R.C. 2925.041, and one firearm specification assigned to both counts. The only difference between these counts and the first two counts in Case No. 10CR103 was concerning the dates of offense.

(¶12} On January 6, 2011, a pre-trial hearing was held. At this time the two cases were ordered joined for trial via a judgment ...


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