Court of Appeals of Ohio, Seventh District, Mahoning
Appeal from the Court of Common Pleas, of Mahoning County,
Ohio Case No. 15 CR 725
Plaintiff-Appellee Attorney Paul Gains Mahoning County
Prosecutor Attorney Ralph Rivera Assistant Prosecutor.
Defendant-Appellant Attorney Cynthia Henry.
Mary DeGenaro, Hon. Gene Donofrio, Hon. Carol Ann Robb.,
Defendant-Appellant, Shun Moreland, appeals the trial
court's judgment convicting him of possession of cocaine
and sentencing him accordingly. On appeal, Moreland argues
that the trial court erred in denying his motion to suppress
and failing to give curative instructions after a prejudicial
statement. For the following reasons, his assignments of
error are meritless and the judgment is affirmed.
and Procedural History
Moreland was indicted on charges of possession of cocaine,
permitting drug abuse, and illegal use or possession of drug
paraphernalia. The following testimony was given at a hearing
on Moreland's motion to suppress.
Austintown Township Sergeant Chris Collins, testified that
around 2:30 a.m. he stopped Moreland for speeding; radar
detected his speed at 38 m.p.h in a 25 m.p.h zone. Moreland
produced an identification card as opposed to a driver's
license and when told by Austintown dispatch that
Moreland's license was under two suspensions, Collins
decided to arrest Moreland. A passenger, Dana Lawson, was
making furtive movements and attempting to conceal something
on her left hip area, which prompted Collins to call for
assistance. Once assisting officer Brad McFadden arrived, he
removed Moreland from the vehicle, and Collins removed
Prior to removal, McFadden saw Moreland reach with his left
hand into the front left pocket of his sweatshirt. McFadden
drew his sidearm for officer safety. McFadden had Moreland
exit and place his hands on the vehicle. He asked Moreland if
he had any "guns, weapons, drugs, narcotics of any kind,
any syringes, anything that would poke me, stab me, cut
me." McFadden regularly asked this question "[f]or
officer safety purposes. I didn't want to get stabbed or
poked or cut myself." In response, McFadden testified
that Moreland "stated that he had cocaine in his
pocket." McFadden retrieved a plastic baggie containing
cocaine and 82 empty plastic jewel bags from Moreland's
left sweatshirt pocket.
The trial court denied the motion to suppress, and prior to
trial the State filed a Nolle Prosequi for the permitting
drug abuse and drug paraphernalia charges.
At a jury trial Collins, McFadden, and BCI Forensic Scientist
Zach Dawson testified for the State. After the State rested,
Moreland made a Criminal Rule 29 motion which was denied. The
jury found Moreland guilty of possession of cocaine. Moreland
was sentenced to 18 months in prison.
to Suppress Evidence
In his first of two assignments of ...