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State v. Perry

Court of Appeals of Ohio, Ninth District, Lorain

March 31, 2017

STATE OF OHIO Appellee
v.
TYWAN PERRY Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 14CR090719

          NICHOLAS HANEK, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and ELIZABETH LINDBERG, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          CARR, PRESIDING JUDGE.

         {¶1} Appellant, Tywan Perry, appeals the judgment of the Lorain County Court of Common Pleas. This Court affirms.

         I.

         {¶2} This matter arises out of a series of controlled drug buys orchestrated by the Elyria police in November 2014. The drug buys eventually led to the issuance of a search warrant for the property located at 1045 Melvyn Lane, in Elyria, Ohio. During the execution of the search warrant, police found evidence of illegal drug activity.

         {¶3} On January 29, 2015, the Lorain County Grand Jury indicted Perry on two counts of drug trafficking, one count of possession of drugs, and one count of possession of drug paraphernalia. Perry pleaded not guilty to the charges at arraignment. Thereafter, Perry filed a motion to suppress arguing that all of the evidence seized during the search of the Melvyn Lane property should be suppressed. The trial court denied the motion after a hearing.

         {¶4} On the same day the trial court denied the motion to suppress, Perry withdrew his not guilty pleas and pleaded no contest to the charges in the indictment. The trial court found Perry guilty of the charges. The matter proceeded to sentencing where the trial court imposed a ten-month term of incarceration and a six-month driver's license suspension.

         {¶5} On appeal, Perry raises one assignment of error.

         II.

         ASSIGNMENT OF ERROR

         THE TRIAL COURT ERRED IN DENYING DEFENDANT PERRY'S MOTION TO SUPPRESS.

         {¶6} In his sole assignment of error, Perry contends that the trial court erred in denying his motion ...


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