from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney By:
KRISTINE W. BEARD Assistant Prosecuting Attorney.
Defendant-Appellant BERNARD L. HUNT.
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. John W. Wise, J.
Hon. Craig R. Baldwin, J.
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.
OF THE FACTS AND CASE
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.
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.
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.
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.
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
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.
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