Court of Appeals of Ohio, Fourth District, Scioto
Saunders, Nelsonville, Ohio, Pro Se Appellant.
Shawn Statton, Portsmouth, Ohio, for Appellant.
E. Kuhn, Scioto County Prosecuting Attorney, Portsmouth,
Ohio, for Appellee.
DECISION AND JUDGMENT ENTRY
Matthew W. McFarland, Judge
Jerome Saunders appeals his convictions and sentences for
possession of cocaine and tampering with evidence in the
Scioto County Court of Common Pleas. Appellant's counsel
has advised the Court that he has reviewed the record and can
find no meritorious claim for appeal. As a result,
Appellant's counsel has moved to withdraw under
Anders v. California, 386 U.S. 738, 87
S.Ct. 1396 (1967). Although counsel suggests that no
arguable, non-frivolous issues of reversible error exist, he
does set forth one potential assignment of error as to
whether the trial court erred in denying Appellant's
motion to suppress. Appellant has also filed a pro se brief
raising one assignment error, which contends that the trial
court's denial of his motion to suppress was contrary to
law as there was no reasonable, articulable suspicion to stop
Having reviewed the record, we find the trial court failed to
dispose of the first count of the indictment charging
Appellant with trafficking in cocaine, resulting in the lack
of a final appealable order for us to review. Accordingly, we
dismiss the appeal.
On September 16, 2014, Appellant, Jerome Saunders, was
indicted in Scioto County, Ohio, for one count of trafficking
in cocaine, a felony of the first degree in violation of R.C.
2925.03(A)(2) and (C)(4)(f), one count of possession of
cocaine, a felony of the first degree in violation of R.C.
2925.11(A) and (C)(4)(e), and one count of tampering with
evidence, a felony of the third degree in violation of R.C.
2921.12(A)(1) and (B). The trial court found Appellant guilty
on counts two and three, sentenced Appellant to agreed
consecutive sentences totaling seven years, yet failed to
address count one for trafficking in cocaine. Based upon the
record before us, which does not include transcripts of the
hearings held below, it does not appear the State moved to
dismiss count one at any stage of the proceeding.
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED IN DENYING APPELLANT SAUNDERS'
MOTION TO SUPPRESS."
ASSIGNMENT OF ERROR
THERE WAS NO REASONABLE ARTICULABLE SUSPICION TO STOP
APPELLANT'S VEHICLE AND THEREFORE THE TRIAL COURT'S
DECISION TO OVERRULE APPELLANT'S MOTION TO SUPPRESS WAS
CONTRARY TO LAW."
In this case, appellate counsel filed an Anders
brief and a motion for leave to withdraw. In State v.
Lester, 4th Dist. Vinton No. 12CA689, 2013-Ohio-2485,