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State v. Trice

Court of Appeals of Ohio, Ninth District, Summit

January 10, 2018

STATE OF OHIO Appellee
v.
MYLES TRICE Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 2017 01 0085

          APPEARANCES: JACLYN PALUMBO, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO, JUDGE.

         {¶1} Appellant, Myles M. Trice, appeals from his convictions in the Summit County Court of Common Pleas. We affirm.

         I.

         {¶2} Two Akron police officers on patrol one night noticed a parked car occupied by several people in an otherwise vacant parking lot. Upon checking the license plate number, they discovered that the female owner of the vehicle had an outstanding warrant. They saw a female in the driver's seat, so the officers conducted a traffic stop of the vehicle.

         {¶3} The officers noticed a strong odor of marijuana emanating from the vehicle. They detained the driver on her warrant and anticipated towing the vehicle. Mr. Trice was in the front passenger seat and was asked to step out of the vehicle. Officer Hudnall asked Mr. Trice if he had any weapons on him and Mr. Trice said, "No." The officer performed a protective patdown for weapons and felt a gun in Mr. Trice's abdomen area. Mr. Trice was arrested and searched incident to arrest. He was charged with carrying concealed weapons and possession of marijuana.

         {¶4} Mr. Trice filed a motion to suppress, which was denied by the trial court. He then pled no contest to the indictment and the trial court found him guilty of the offenses. The trial court sentenced him to twelve months in prison, suspended the prison sentence, and placed him on two years of community control.

         {¶5} Mr. Trice now appeals from his convictions and raise one assignment of error for this Court's review.

         II.

         ASSIGNMENT OF ERROR

         THE TRIAL COURT ERRED BY OVERRULING THE DEFENDANT'S MOTION TO SUPPRESS, VIOLATING MR. TRICE'S FOURTH AMENDMENT RIGHTS TO BE FREE FROM UNREASONABLE SEARCH AND SEIZURE.

         {¶6} In his sole assignment of error, Mr. Trice argues that the trial court erred in denying his motion to suppress because the police officers did not have a reasonable suspicion to believe Mr. Trice ...


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