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State v. Barnett

Court of Appeals of Ohio, Fourth District

August 27, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
BOBBY L. BARNETT, Defendant-Appellant.

CRIMINAL APPEAL FROM COMMON PLEAS COURT

COUNSEL FOR APPELLANT: Thomas P. Liptock. [1]

COUNSEL FOR APPELLEE: Mark E. Kuhn, Scioto County Prosecuting Attorney, and Pat Apel, Scioto County Assistant Prosecuting Attorney.

DECISION AND JUDGMENT ENTRY

Peter B. Abele, Judge

(¶ 1} This is an appeal from a Scioto County Common Pleas Court judgment of conviction and sentence. Bobby L. Barnett, defendant below and appellant herein, pled no contest to trafficking in violation of R.C. 2925.03(A)(2)& (C)(6)(e). Appellant assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN FINDING DEFENDANT GUILTY OF COUNT ONE OF THE INDICTMENT WHERE NO EVIDENCE WAS PRESENTED ESTABLISHING A JUVENILE WAS IN THE VICINITY OF THE DRUG TRAFFICKING"
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN FINDING DEFENDANT GUILTY OF COUNT ONE OF THE INDICTMENT WHERE NO EVIDENCE WAS PRESENTED SHOWING THE TRAFFICKING TOOK PLACE IN SCIOTO COUNTY."
THIRD ASSIGNMENT OF ERROR:
" THE TRIAL COURT ERRED BY VIOLATING CRIMINAL RULE 11(F) BY NOT STATING THE UNDERLYING AGREEMENT UPON WHICH THE PLEA IS BASED."

(¶ 2} On January 17, 2012, the Scioto County Grand Jury returned a nine count indictment that charged appellant with, inter alia, trafficking drugs. Appellant initially pled not guilty and filed two motions to suppress evidence. After a hearing, the trial court overruled the motion.[2]

(¶ 3} Apparently pursuant to the parties' agreement, appellant pled "no contest" to the first count of the indictment (trafficking) and the appellee requested a dismissal of the remaining charges. At the November 5, 2012 hearing, the trial court endeavored to ensure that appellant understood the various rights that he would be waiving and the consequences of his plea. So assured, the trial court accepted appellant's plea and found him guilty. At sentencing, the court, ...


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