FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE Nos. CR 2015-04-1163A, CR 2015-10-3128
WILLIAM A. VASILIOU II, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR, Presiding Judge.
Defendant-Appellant, Joseph Secriskey, appeals from his
convictions in the Summit County Court of Common Pleas. This
On the morning of April 12, 2015, Secriskey sought treatment
at a hospital for chemical burns to his face. The hospital
reported his injuries to the police, and the police,
suspecting that Secriskey might have been injured in a
methamphetamine-related incident, drove to his apartment
before responding to the hospital. Outside Secriskey's
apartment, the police found three discarded bottles that they
believed were consistent with methamphetamine production.
They also noted that all the windows to Secriskey's
apartment were open and that there was a chemical smell in
the air. The police ultimately entered his apartment and
found numerous items used to make methamphetamine, along with
an exploded bottle in the kitchen sink.
On the morning of October 4, 2015, an officer discovered
Secriskey slumped over the steering wheel of his vehicle,
which was pulled to the side of the road. Secriskey appeared
disoriented when the officer roused him and, upon
questioning, admitted that he did not have a valid
driver's license. The officer also observed that
Secriskey had a knotted baggie in his lap that appeared to be
coated in white powder. After removing Secriskey from his
vehicle, the officer discovered various items of
paraphernalia in the vehicle, including a hypodermic needle,
a container of methamphetamine, and a separate case
containing syringe components and Q-Tips.
The April incident resulted in Criminal Case No.
2015-04-1163(A), in which Secriskey was charged with
illegally manufacturing methamphetamine within the vicinity
of a school. The October incident resulted in Criminal Case
No. 2015-10-3128, in which he was charged with aggravated
possession of methamphetamine, possessing drug abuse
instruments, and driving under suspension. Secriskey filed a
motion to suppress in the illegal manufacturing case,
challenging the warrantless search of his apartment. The
court held a hearing on his motion, but ultimately denied it.
Over defense counsel's objection, the court consolidated
the April and the October incidents for trial.
A jury found Secriskey guilty on all counts. The court
sentenced him to seven years in prison on his illegal
manufacturing count and one year in prison on his remaining
counts. The court ordered his sentences to run consecutively
for a total of eight years in prison.
Secriskey filed separate appeals in his two cases, and this
Court consolidated the appeals for purposes of briefing,
argument, and decision. The appeals are now before us and
raise two assignments of error for our review. For ease of
analysis, we reorder the assignments of error.
OF ERROR II
THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT DENIED
APPELLANT'S MOTION TO SUPPRESS EVIDENCE SEIZED DURING A