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State v. Guildoo

Court of Appeals of Ohio, Fifth District, Stark

May 22, 2017

STATE OF OHIO Plaintiff - Appellee
v.
STEVEN A. GUILDOO Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 2016-CR-0732(B)

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney By: KRISTINE W. BEARD Assistant Prosecuting Attorney.

          For Defendant-Appellant BERNARD L. HUNT.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

          OPINION

          BALDWIN, J.

         {¶1} Appellant Steven A. Guildoo appeals a judgment of the Stark County Common Pleas Court convicting him of possession of heroin (R.C. 2925.11(A)(C)(6)(a)) and sentencing him to six months incarceration. Appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} During a two month period in early 2016, Alliance police investigated appellant and a group of people for manufacturing methamphetamine. Police were concerned that appellant was manufacturing methamphetamine at his residence in Mahoning County. Police suspected he made frequent trips to Alliance to purchase manufacturing equipment and chemicals, to engage others in the purchase of chemicals used to manufacture methamphetamine, and to sell methamphetamine.

         {¶3} On March 31, 2016, officers conducted surveillance of appellant's vehicle. He had two people in his vehicle: Celeina Robinson and Tanya Sudimak. Robinson had previously been investigated for manufacturing methamphetamine, and Sudimak had a warrant for her arrest.

         {¶4} Officers observed Robinson go into the Walmart in Salem, where she purchased pseudoephedrine, a drug used in the manufacture of methamphetamine. The officers could electronically track the purchase of pseudoephedrine as the purchases were being made. The group then drove to a nearby Giant Eagle, where Sudimak went inside. Although officers did not see a purchase of pseudoephedrine made in her name while electronically tracking purchases, they saw her exit the store carrying a pharmacy bag. The group then traveled to Marc's, where appellant purchased pseudoephedrine.

         {¶5} Appellant dropped off Robinson, who did not take anything with her from the vehicle. Officers then stopped the vehicle for two reasons: they believed the group's cumulative purchases of pseudoephedrine were for the purpose of manufacturing methamphetamine, and they intended to arrest Sudimak on the warrant.

         {¶6} After the vehicle was stopped, officers placed Sudimak under arrest and searched her purse. In the purse they found an identification card for Cassie Wervey, which had been used to purchase pseudoephedrine at Giant Eagle. Officers observed pseudoephedrine on the floor of the vehicle, and detected a distinct chemical odor on appellant's body which is present on a person who either abuses methamphetamine over a period of time, or who has recently manufactured methamphetamine.

         {¶7} The officers proceeded to search the vehicle for the presence of equipment or chemicals used in the manufacturing of methamphetamine. In a package of Marlboro cigarettes found in the vehicle, officers found a bindle of heroin, later found by the crime lab to weigh .6 grams. In a zippered container in the vehicle, officers found a needle, a syringe, a spoon, and a lighter.

         {¶8} Captain James Hilles of the Alliance Police Department checked appellant's arms, and noted fresh track marks consistent with the use of a recent drug injection. Sudimak admitted that the items in the zippered pouch were hers, but denied ownership of the heroin in the cigarette package. While she was detained, she asked officers for a cigarette, specifically one of the Marlboro cigarettes, which she referred ...


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