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. Marland

Court of Appeals of Ohio, Third District, Logan

June 19, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
EDWARD K. MARLAND, DEFENDANT-APPELLANT.

         Appeal from Logan County Common Pleas Court Trial Court No. CR15-11-0298

          Kort Gatterdam for Appellant

          Eric C. Stewart for Appellee

          OPINION

          PRESTON, P.J.

         {¶1} Defendant-appellant, Edward Keith Marland ("Marland"), appeals the October 17, 2016 judgment entry of sentence of the Logan County Court of Common Pleas. For the reasons that follow, we affirm in part and reverse in part. We remand the case to the trial court to correct a problem with its merger procedure.

         {¶2} This case stems from an incident in the early morning hours of October 18, 2015. Shortly after midnight on that date, motorist Joshua VanBuskirk ("VanBuskirk") came to the scene of a car crash on State Route 292 between East Liberty, Ohio and Ridgeway, Ohio. That crash involved Marland and a motorcyclist named James Long Jr. ("Long"). Soon after arriving at the scene of the accident, VanBuskirk called for emergency responders, who soon arrived. Police repeatedly sought Marland's consent to draw his blood to determine its alcohol content, but he refused. Police also conducted a number of field sobriety tests, the results of which led them to believe that Marland operated his vehicle while under the influence of alcohol. Police then arrested Marland and eventually took him to a nearby hospital, where he consented to a blood draw.

         {¶3} On November 12, 2015, the Logan County Grand Jury indicted Marland on three counts. (Doc. No. 2). On November 18, 2015, Marland appeared for arraignment and pled not guilty to the counts in the indictment. (Doc. No. 5). The State filed an amended indictment on December 8, 2015. (Doc. No. 21). The amended indictment charged Marland with: Count One of operating a vehicle under the influence of alcohol or drugs ("OVI") in violation of R.C. 4511.19(A)(1)(a), a misdemeanor of the first degree; Count Two of OVI in violation of R.C. 4511.19(A)(1)(b), a misdemeanor of the first degree; Count Three of OVI in violation of R.C. 4511.19(A)(1)(j)(viii)(I), a misdemeanor of the first degree; and Count Four of aggravated vehicular homicide in violation of R.C. 2903.06(A)(1)(a), a felony of the first degree. (Doc. No. 21). On December 15, 2015, Marland appeared for arraignment and pled not guilty to the counts in the amended indictment. (Doc. No. 32).

         {¶4} Marland filed several motions to suppress evidence. (Doc. Nos. 10, 11, 12, 20, 50, 64). The motion to suppress evidence relevant here is the one filed on August 3, 2016. (Doc. No. 64). As part of that motion to suppress evidence, Marland sought the suppression of the blood drawn from him because the blood was not timely drawn and because he did not consent to the blood draw, thus rendering the blood draw an illegal search under both constitutional and statutory provisions. (Doc. No. 64).

         {¶5} On August 12, 2016, the trial court denied Marland's motion to suppress evidence, finding that Marland's blood had been drawn within three hours of the accident, and the trial court further found that the blood draw was not an unconstitutional search because exigent circumstances existed and because Marland consented to the blood draw. (Doc. No. 70).

         {¶6} On September 2, 2016, Marland appeared at a change-of-plea hearing and pled no contest to each of the counts in the amended indictment. (Doc. No. 70). In an entry journalized September 15, 2016, the trial court found Marland guilty of each of the charges to which he pled no contest. (Id.).

         {¶7} On October 3, 2016, the trial court held a sentencing hearing and sentenced Marland to six months in prison as to Count One, six months in prison as to Count Two, six months in prison as to Count Three, and six years in prison as to Count Four. (Doc. No. 82). The trial court specifically found that Counts One, Two, and Three merged.[1] (Id.). The trial court ordered that the sentences for all counts be run concurrently for a total of six years of incarceration. (Id.). The trial court filed its judgment entry of sentence on October 17, 2016. (Id.).

         {¶8} Marland filed his notice of appeal on November 1, 2016. (Doc. No. 96). He brings two assignments of error for our review.

         Assignment of Error No. I

         The Trial Court Erred In Denying Appellant's Motion To Suppress Evidence Contrary To Appellant's Statutory Rights And Rights Under the Fourth Amendment To The U.S. Constitution And Corresponding Rights Under the Ohio Constitution.

         {¶9} In his first assignment of error, Marland argues that the trial court erred in denying his motion to suppress evidence because his statutory rights and his rights under the constitutions of Ohio and of the United States were violated. Specifically, Marland argues that R.C. 4511.19(D)(1)(b) states that evidence of blood-alcohol concentration is admissible only if the blood used to discern that concentration is drawn within three hours of the alleged violation. In short, Marland argues that the testimony of VanBuskirk never established when the accident occurred and that portions of VanBuskirk's testimony indicate that there was greater gap between the accident and VanBuskirk's arrival than the trial court assumed. ...


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.