Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Butcher

Court of Appeals of Ohio, Fifth District, Stark

June 5, 2017

STATE OF OHIO Plaintiff-Appellee
v.
KRISTIN L. BUTCHER Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 2016-CR-1465(B)

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

          For Defendant-Appellant AARON KOVALCHIK.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

          OPINION

          HOFFMAN, J.

         {¶1} Defendant-appellant Kristin Lynn Butcher appeals her convictions on one count of trafficking in heroin, in violation of R.C. 2925.03(A)(2)(C)(6)(e); one count of possession of heroin, in violation of R.C. 2925.11(A)(C)(6)(d); and one count of aggravated trafficking in drugs, in violation of R.C. 2925.03(A)(2)(C)(1)(a) as entered by the Stark County Court of Common Pleas. Plaintiff-appellee is the state of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On January 31, 2016, a SWAT team of the Canton Police Department executed a search warrant at 705 Fulton Road N.W., Canton, Ohio, where Appellant and her boyfriend, Damarcus Nicholson, lived with their nine month-old child. At the time the warrant was executed, no one was present in the home. Inside the home, officers found a press containing drug residue, a digital scale, vinyl gloves, razor blades, ammunition, a syringe, and a burnt spoon containing residue. Officers also found five cell phones and a surveillance camera system.

         {¶3} Prior to the issuance of the search warrant and while surveilling the area surrounding the residence, officers observed an orange jeep operated by Damarcus Nicholson, whom the officers learned did not have a valid driver's license.

         {¶4} During the execution of the search warrant, officers learned the defendants would be returning to the residence. Officers then observed an orange jeep driven by Nicholson, with Appellant as the passenger. The parties' child was in the backseat. The officers conducted a traffic stop, subsequently impounding and inventorying the vehicle.

         {¶5} During the inventory search, a yellow Crown Royal bag was found in the center console, containing a smaller, purple Crown Royal bag, which, in turn, contained smaller baggies of suspected heroin; a digital scale, and a pill bottle containing two bags of a purple substance suspected to be heroin.

         {¶6} The parties were placed under arrest. Inside Appellant's purse, officers found one cell phone and an oxycodone/acetaminophen tablet. Codefendant Nicholson had two cell phones and $714 in currency on his person.

         {¶7} The officers learned the car was owned by Enterprise Rental Car, and rented in the name of Latonia Billings, Nicholson's mother. Neither Appellant, nor her codefendant Nicholson were named as authorized drivers of the vehicle.[1]

         {¶8} Officer Joseph Bays of the Canton Police Department conducted the investigation, and testified the evidence was found to be heroin and fentanyl, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.