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State v. Maniaci

Court of Appeals of Ohio, Third District, Marion

October 23, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
WILLIAM ANTHONY MANIACI, II, DEFENDANT-APPELLANT.

         Appeal from Marion County Common Pleas Court Trial Court No. 2016 CR 0429

          Nathan D. Witkin for Appellant.

          Kevin P. Collins for Appellee.

          OPINION

          SHAW, J.

         {¶1} 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 served concurrently.

         {¶2} 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.

         {¶3} 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.

         {¶4} Maniaci was subsequently arraigned and entered a plea of not guilty.

         {¶5} 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 "Supplemental Indictment."

         {¶6} 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.

         {¶7} 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). [1]
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. 2929.01(w).
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).

         {¶8} 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 search warrant.

         {¶9} On December 28, 2016, the trial court overruled Maniaci's suppression motion and the matter was set for a jury trial.

         {¶10} 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, and Five.

         {¶11} 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.[2]

         {¶12} On August 6, 2017, the trial court issued a judgment entry of sentence imposing a mandatory eleven-year prison term on each ...


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