Court of Appeals of Ohio, Fifth District, Richland
from the Court of Common Pleas, Case No. 2016-CR-0218.
Plaintiff-Appellee DANIEL M. ROGERS.
Defendant-Appellant DALE M. MUSILLI.
Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Earle E.
Wise, Jr., J. Judge.
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.
AND PROCEDURAL HISTORY
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.
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.
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.
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.
Appellant filed an appeal and this matter is now before this
court for consideration. Assignment of error is as follows:
"THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION