Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No. 16 CR
Plaintiff-Appellee: KENNETH W. OSWALT LICKING CO. PROSECUTOR
CLIFFORD J. MURPHY
Defendant-Appellant: STEPHEN T. WOLFE
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Earle E. Wise, Jr., J.
Defendant-appellant Vance L. Pannell appeals from the
November 22, 2016 Judgment Entry of the Licking County Court
of Common Pleas. Plaintiff-appellee is the state of Ohio.
AND PROCEDURAL HISTORY
The following facts are adduced from appellee's bill of
particulars. This case arose in September 2007 when a
confidential informant working with the CODE Task Force made
a series of three controlled buys of crack cocaine from a
person known as "Vito" at an apartment in Newark.
On January 25, 2008, members of the task force were told
"Vito" was at Licking Memorial Hospital with his
girlfriend who had just given birth. Officers made contact
with "Vito" after a traffic stop and
"Vito" identified himself as "Vincent
Pannell." The subject admitted selling crack cocaine and
was found to have $1, 789.00 in currency which he stated was
proceeds of drug sales.
The subject was booked into the Licking County Jail using
identifying information of "Vincent Pannell" and
eventually bonded out of jail.
Upon indictment of "Vincent Pannell, " officers
discovered the subject was in fact Vance Pannell (appellant),
who had used his brother's identifying information.
The following evidence is adduced from the hearing on
appellant's motion to dismiss. A complaint was filed and
a warrant was issued on February 7, 2008 for appellant's
arrest upon one count of tampering with records. Detective
Kyle Boerstler testified that for approximately one month
after the warrant was issued, he attempted to execute the
warrant by traveling to appellant's last known address,
3005 Rolling Wood Drive, Columbus. Boerstler stated each time
he sat down the road from the address to watch the house and
never saw anyone coming or going. Boerstler did not approach
the house or knock on the door.
Over the next eight years, the warrant was
"validated" annually by LEADS operators, meaning it
was checked to ensure it was still valid.
Appellant was in jail in Franklin County on an unrelated
matter when the warrant was executed upon him in May 2016.
On May 25, 2016, appellant was charged by indictment as
follows: three counts of trafficking in cocaine pursuant to
R.C. 2925.03(A)(1) and (C)(4)(a), all felonies of the fifth
degree [Counts I, II, and III]; one count of tampering with
records pursuant to R.C. 2913.42(A)(1)(2) and (B)(1)(4), a
felony of the third degree [Count IV]; and one count of
falsification pursuant to R.C. 2921.13(A)(1)(2)(3) and
(F)(1), a misdemeanor of the first degree [Count V].
Appellant entered pleas of not guilty and filed a motion to
dismiss pursuant to Crim.R. 12(C)(2), alleging the indictment
was defective because it was filed outside the statute of
limitations. Appellee responded and appellant replied. An
oral hearing ...