Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Harris

Court of Appeals of Ohio, Fifth District, Richland

March 2, 2017

STATE OF OHIO Plaintiff-Appellee
v.
FLEMMON HARRIS Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 2016-CR-0218.

          For Plaintiff-Appellee DANIEL M. ROGERS.

          For Defendant-Appellant DALE M. MUSILLI.

          Hon. Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J. Judge.

          OPINION

          Wise, Earle, J.

         {¶1} Defendant-Appellant, Flemmon Harris, appeals the July 19, 2016 judgment of the Court of Common Pleas of Richland County, Ohio, denying his motion to suppress evidence. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On November 16, 2015, Mansfield Police Officer John Meyer arrived at 109/111 Wood Street in Mansfield, a former duplex converted into a single residence, to serve an arrest warrant on one Christopher Elliot.

         {¶3} Upon arriving at the residence, Officer Meyer observed the front door open. He looked in and witnessed appellant and others, sitting around a table covered with suspected drugs and drug paraphernalia. Officer Meyer announced his presence and appellant grabbed a baggie containing suspected drugs and threw it underneath the table. Officer Meyer entered the residence to process the scene.

         {¶4} On April 8, 2016, the Richland County Grand Jury indicted appellant on one count of possession of heroin in violation of R.C. 2925.11. On July 12, 2016, appellant filed a motion to suppress, claiming an illegal search. A hearing was held on July 19, 2016. At the conclusion of the hearing, the trial court denied the motion, finding Officer Meyer had a legitimate reason for being at the residence and had probable cause to believe he was observing criminal activity in plain view. The trial court memorialized its decision in a judgment entry filed July 19, 2016.

         {¶5} A jury trial commenced on July 19, 2016. A mistrial was declared, and a second trial commenced on August 29, 2016. The jury found appellant guilty as charged. By judgment entry filed August 31, 2016, the trial court sentenced appellant to twelve months in prison.

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

         I

         {¶7} "THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.