from Marion County Common Pleas Court Trial Court No. 2016 CR
D. Witkin for Appellant.
P. Collins for Appellee.
Defendant-appellant, William A. Maniaci, II
("Maniaci"), appeals the April 6, 2017 judgment of
the Marion County Court of Common Pleas, General Division,
journalizing his plea of no contest to Possession of Cocaine,
a felony of the first degree, with a Major Drug Offender
specification, and to Possession of Heroin, a felony of the
first degree, with a Major Drug Offender specification. The
trial court sentenced Maniaci to a mandatory eleven years in
prison on each count and ordered the prison terms to be
On August 11, 2016, members of the MARMET drug task force
sought and obtained an anticipatory search warrant for 860
Kibbey Drive, Apartment C, located in Marion, Ohio, where
Maniaci resided with his girlfriend. Later that day, Maniaci
was arrested while attempting to sell a quarter ounce of
cocaine to a confidential informant. The search warrant for
the apartment was subsequently executed and a large amount of
cocaine and heroin was discovered in the home.
On August 25, 2016, the Marion County Grand Jury returned a
"Joint Indictment" against Maniaci and his
girlfriend. Specifically, the indictment alleged that Maniaci
committed the following offenses: Count One: Possession of
Cocaine, in violation of R.C. 2925.11(A)/(C)(4), a felony of
the first degree, with a Major Drug Offender specification,
in violation of R.C. 2941.1410; and Count Two: Possession of
Heroin, in violation of R.C. 2925.11(A)/(C)(6), a felony of
the first degree, with a Major Drug Offender specification,
in violation of R.C. 2941.1410. The indictment also included
forfeiture specifications attached to Counts One and Two
regarding a gun safe, an AR15 Bushmaster Firearm, a Mossburg
shotgun, and $15, 673 in U.S. Currency.
Maniaci was subsequently arraigned and entered a plea of not
On September 6, 2016, the Marion County Grand Jury returned a
"Supplemental Indictment" incorporating Counts One
and Two from the prior indictment and also alleging that
Maniaci committed two counts of Trafficking in Cocaine, in
violation of R.C. 2925.03(A)(1)/(C)(4), both felonies of the
fifth degree. Upon being arraigned, Maniaci also entered a
plea of not guilty to the offenses listed in the
On September 23, 2016, Maniaci filed a motion to suppress the
evidence obtained during the execution of the anticipatory
warrant issued for the search of 860 Kibbey Drive, Apartment
C. Maniaci challenged the probable cause outlined in the
affidavit supporting the search warrant and claimed
constitutional violations with the subsequent execution of
the warrant. The State filed a response supporting the
issuance and execution of the anticipatory search warrant.
On December 7, 2016, the State filed a Bill of Particulars
setting forth Maniaci's conduct comprising the offenses
listed in the indictments.
Count 1: On or about August 11, 2016 and at 860
Kibbey Drive, Apt. C, Marion, Marion County, Ohio, officers
with the Marmet Drug Task Force executed a search warrant at
the home of Defendants William Maniaci and [Maniaci's
girlfriend]. When the search warrant was executed, Defendant
William Maniaci was outside of the residence for the purpose
of meeting with CI 16-03 in order to sell a quarter ounce of
cocaine. [Maniaci's girlfriend] was inside of the
residence. When detectives entered, [Maniaci's
girlfriend] was seen coming from the back of the residence.
Upon a search of the residence, detectives found what
appeared to be a large amount of cocaine in the toilet bowl.
During the search, detectives found a total of 587.19 grams
of cocaine, or a compound, mixture, preparation or substance
containing cocaine. Defendant [is] a major drug offender as
defined in R.C. 2929.01(w). 
Count 2: The State reincorporates the facts as
outlined in Count 1 above and adds that during the search,
detectives found heroin in the residence. The multiple
baggies of suspected heroin were tested and weighed by BCI
and found to be 349.03 grams of heroin, or a compound,
mixture, preparation or substance containing heroin.
Defendant [is] a major drug offender as defined in R.C.
Count 4: On or about June 16, 2016 and in Marion
County, Ohio, Defendant William Maniaci, sold 4.10 grams of
cocaine, or a compound, mixture, preparation, or substance
containing cocaine to CI 16-03 for $350.00. The sale took
place while driving within Marion County, Ohio.
Count 5: On or about August 11, 2016 and in Marion
County, Ohio, Defendant, William Maniaci, offered to sell a
quarter ounce of cocaine to CI 16-03 for $350.00. Before the
buy took place, detectives with the Marmet drug task force
arrested the Defendant. At the time of the stop, the
Defendant had two separately wrapped bags of cocaine. One was
found on him and one which he threw. The baggies weighed 6.94
grams and 6.75 grams. Both were tested by BCI and were found
to contain cocaine, or a compound, mixture, preparation, or
substance containing cocaine.
(Doc. No. 37).
On December 22, 2016, the trial court held a hearing on
Maniaci's motion to suppress evidence where several
officers from the MARMET drug task force involved in the
August 11, 2016 controlled drug transaction operation
testified regarding the obtaining and the execution of the
On December 28, 2016, the trial court overruled Maniaci's
suppression motion and the matter was set for a jury trial.
On March 23, 2017, the Marion County Grand Jury returned a
"Joint Superseding Indictment" incorporating the
counts stated in the previous indictments and alleging the
additional specification that Maniaci "recklessly had a
firearm on or about his person or under his control when he
committed the offense[s]" set forth in Counts One, Two,
Maniaci appeared for a hearing on March 31, 2017, during
which the trial court granted the State's motion to
dismiss the Trafficking in Cocaine charges in Counts Four and
Five, the second forfeiture specification pertaining to the
$15, 673 found in the apartment, and the firearm
specification stated in the "Joint Superseding
Indictment." At this hearing, Maniaci entered a plea of
no contest to Counts One and Two, first degree felony charges
of Possession of Cocaine and Possession of Heroin, with major
drug offender and forfeiture specifications. The trial court
accepted the plea and proceeded to sentencing.
On August 6, 2017, the trial court issued a judgment entry of
sentence imposing a mandatory eleven-year prison term on each