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State v. Secriskey

Court of Appeals of Ohio, Ninth District, Summit

June 7, 2017

STATE OF OHIO Appellee
v.
JOSEPH SECRISKEY Appellant

          APPEAL 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.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR, Presiding Judge.

         {¶1} Defendant-Appellant, Joseph Secriskey, appeals from his convictions in the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         II.

         ASSIGNMENT OF ERROR II

THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT DENIED APPELLANT'S MOTION TO SUPPRESS EVIDENCE SEIZED DURING A ...

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