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. Collins

Court of Appeals of Ohio, Twelfth District

June 19, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
ARNON C. COLLINS, Jr., Defendant-Appellant.

         CRIMINAL APPEAL FROM PREBLE COUNTY COURT OF COMMON PLEAS Case No. 15CR11802

          Martin P. Votel, Preble County Prosecuting Attorney, Gractia S. Manning, Preble County Courthouse, for plaintiff-appellee

          Kirsten Knight, for defendant-appellant

          OPINION

          S. POWELL, J.

         {¶ 1} Defendant-appellant, Arnon C. Collins, Jr., appeals from his conviction in the Preble County Court of Common Pleas after he pled no contest to a variety of drug charges and failing to comply with an order or signal of a police officer. For the reasons outlined below, we affirm.

         {¶ 2} On August 3, 2015, the Preble County Grand Jury returned a four-count indictment charging Collins with illegal manufacture of drugs in violation of R.C. 2925.04(A), a second-degree felony, illegal assembly or possession of chemicals for the manufacture of drugs in violation of R.C. 2925.041(A), a third-degree felony, failure to comply with an order or signal of a police officer in violation of R.C. 2921.331(B), also a third-degree felony, and illegal use or possession of drug paraphernalia in violation of R.C. 2925.14(C)(1), a fourth-degree misdemeanor. Although contained in the original complaint filed with the Eaton Municipal Court, an additional aggravated possession of drugs charge in violation of R.C. 2925.11(A)(C)(1)(b), then charged as a third-degree felony, was inadvertently left off the indictment.

         {¶ 3} According to the original complaint filed in this matter, the charges stemmed from the events occurring on July 14, 2015. On that date, Deputy Shane Hatfield of the Preble County Sheriffs Office was traveling northbound on Jordan Road located within Preble County when he noticed Collins driving a motorcycle southbound on that same road. Knowing that Collins had three active felony warrants for his arrest in Montgomery County, Deputy Hatfield turned his cruiser around and began pursuit of Collins with both his lights and siren activated. Collins did not stop and a high-speed chase ensued with speeds reaching approximately 80 miles per hour.

         {¶ 4} After turning off Jordan Road onto Enterprise Road, the chain broke on Collins' motorcycle, which caused Collins to abandon the motorcycle and continue his attempt to escape from Deputy Hatfield on foot. During this time, Deputy Hatfield observed Collins wearing a black backpack. Deputy Hatfield eventually caught up with Collins and placed him under arrest. Deputy Hatfield then conducted a search of Collins incident to his arrest and discovered within the black backpack approximately five grams of "wet, " recently made, methamphetamine, as well as a glass smoking pipe with burn marks, marijuana, a variety of unidentified pills, a digital scale, and a cell phone.

         {¶ 5} Following Collins' arrest, Deputy Hatfield and Detective Robert Schneider responded to Collins' residence located at 4371 Jordan Road, Lewisburg, Preble County, Ohio. Once there, the complaint indicates Deputy Hatfield and Detective Schneider received consent to search the property from Collins' parents.

         {¶ 6} Upon searching the property, Deputy Hatfield and Detective Schneider located Collins' vehicle parked behind a barn, which, upon looking through the windows, Deputy Hatfield could see in plain view several items associated with the manufacture of methamphetamine. A search warrant was then obtained that resulted in additional items associated with the manufacture of methamphetamine being discovered. It is undisputed that Deputy Hatfield's warrant affidavit stated that he, Deputy Brad Moore, and Detective Schneider, responded to the Collins residence where they then "received consent to search the property from Collins' mother[.]"

         {¶ 7} On August 4, 2015, Attorney Brian Muenchenbach ("Attorney Muenchenbach") entered his appearance as Collins' trial counsel. Approximately three weeks later, on August 27, 2015, the state faxed Attorney Muenchenbach a plea offer asking Collins to plead guilty to illegal assembly or possession of chemicals for the manufacture of drugs in violation of R.C. 2925.041(A), a third-degree felony that carried a mandatory five-year prison term due to Collins prior drug convictions. In exchange for Collins' guilty plea to this single charge, the state agreed to dismiss the remaining charges in the indictment. The plea offer further stated, in pertinent part, the following:

The original indictment did not contain the F3 Aggravated Possession of Drugs count contained in the original complaint. The State has received a lab report that makes possession of meth an F1 with a mandatory 11 year prison term. Therefore, should the Defendant not accept the agreed 5 year prison term, the State will supersede the indictment at October's grand jury[.]

         The plea offer also specifically stated that the offer was to expire one month later on September 28, 2015. The deadline to accept the plea offer was later extended to October 2, 2015.

         {¶ 8} On October 2, 2015, contrary to Attorney Muenchenbach's advice, Collins rejected the state's plea offer. As Attorney Muenchenbach later testified, "we had a long conversation about it, and we decided that, Mr. Collins decided that he was going to take his chances with the suppression, and decided to reject the offer at that point." As a result, and just as the state said it would, on October 5, 2015, the Preble County Grand Jury returned a superseding indictment that included an additional charge of aggravated possession of drugs in violation of R.C. ...


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.