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State v. Munion

Court of Appeals of Ohio, Fourth District

August 22, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
TROY A. MUNION, Defendant-Appellant.

Luke Brazinski, Cassity & Brazinski, Portsmouth, Ohio, for Appellant.

Mark E. Kuhn, Scioto County Prosecutor, and Pat Apel, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JUDGMENT ENTRY

Marie Hoover, Judge

(¶ 1} This is an appeal of a conviction from the Scioto County Court of Common Pleas finding appellant, Troy Munion, guilty of one count of Illegal Manufacture of Drugs in the Vicinity of a Juvenile, a first degree felony, in violation of R.C. 2925.04(A), one count of Illegal Possession of Chemicals for the Manufacture of Drugs, a third degree felony, in violation of R.C. 2925.041(A), and one count Conspiracy to Traffic in Drugs, a second degree felony, in violation of R.C. 2923.01/ 2925.03(A)(1). Appellant assigns error to the trial court for allowing improper authentication of a video admitted into evidence and for restricting trial counsel from discussing the element of intent to the jury during closing arguments. For the following reasons we overrule both assignments of error and affirm the judgment of the trial court.

(¶ 2} Appellant, Troy Munion, sets forth two assignments of error:

First Assignment of error:

THE TRIAL COURT ERRED IN ALLOWING THE IMPROPER AUTHENTICATION OF VIDEO EVIDENCE.

Second Assignment of Error:

THE TRIAL COURT ERRED IN RESTRICTING DEFENSE COUNSEL'S CLOSING ARGUMENT.

I. STATEMENT OF THE CASE

(¶ 3} On March 26, 2012, officers from the Narcotics Unit of the Scioto County Sheriff's Office were investigating the alleged production and trafficking of methamphetamine at the residence of Crystal Collier. Ms. Collier's residence was located at 2030 State Route 139 in Portsmouth, Ohio. The officers from the Narcotics Unit met with a confidential informant, who would be going to the residence of Ms. Collier to buy methamphetamine. This informant was issued a department video recording device to take into the residence. The informant visited the residence twice. At the first attempt, Ms. Collier was in the process of cooking the methamphetamine. Upon a second attempt the informant stayed at the residence for about an hour and purchased some methamphetamine. The video captured Ms. Collier in the residence with appellant, Troy Munion, and her two juvenile children.

(¶ 4} The following day, March 27, 2012, the officers executed a search warrant upon Ms. Collier's residence. The search yielded many items used in the production of methamphetamine, as well as methamphetamine itself. Ms. Collier and appellant were present inside the residence, along with Ms. Collier's two teenage daughters. Ms. Collier and appellant were placed under arrest at this time.

(¶ 5} On April 10, 2012, appellant approached his grandfather, Chief of New Boston Police Darrold Clark about Ms. Collier's drug activity. Appellant told his grandfather that Ms. Collier would be in New Boston in possession of methamphetamine. Chief Clark referred appellant to Lieutenant Diane Davis. Appellant presented Lt. Davis with a scheme to arrest Ms. Collier in her vehicle containing a mobile methamphetamine lab. Later in the day, appellant contacted Lt. Davis and informed her that Ms. Collier would be in the parking lot of a local CVS pharmacy store. Lt. Davis arrested Ms. Collier in the parking lot. Methamphetamine and equipment for its production were found inside Ms. Collier's vehicle.

(¶ 6} On April 30, 2012, appellant was indicted on four counts from the events of March 26-27, 2012:

Count One: Trafficking in Drugs, a fourth degree felony, in violation of R.C. 2925.03(A)(1)
Count Two: Illegal Manufacture of Drugs in Vicinity of a Juvenile, a first degree felony, in violation of R.C. 2925.04(A) & (C)(2)
Count Three: Illegal Possession of Chemicals for the Manufacture of Drugs, a third degree felony in ...

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