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State v. Heald

Court of Appeals of Ohio, Fifth District, Richland

May 3, 2018

STATE OF OHIO Plaintiff-Appellee
v.
PAUL EDWARD HEALD Defendant-Appellant

          Appeal from the Richland County Court of Common Pleas, Case No. 2016 CR 0509 R

          FOR PLAINTIFF-APPELLEE: GARY D. BISHOP, RICHLAND COUNTY PROSECUTOR, JOSEPH C. SNYDER

          FOR DEFENDANT-APPELLANT: RANDALL E. FRY

          Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J. JUDGES.

          OPINION

          Delaney, J.

         {¶1} Defendant-Appellant Paul Edward Heald appeals his conviction and sentence on May 4, 2017 in the Richland County Court of Common Pleas.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On November 15, 2015, deputies from the Richland County Sheriff's Department were called to a residence located in Mansfield, Ohio to investigate a crime involving a gun and Defendant-Appellant, Paul Edward Heald. J.K., the owner of the residence, gave the deputies consent to search the home for the gun.

         {¶3} When the deputies arrived at the residence and knocked on the door, Heald answered the door and was arrested. The deputies searched Heald and found $600.36 in cash on his person. The deputies commenced a search of the home. Deputy Shoemaker and Deputy Ganzhorn discovered a green leafy substance and a pipe in a dresser drawer of a bedroom. In the same the dresser drawer, Deputy Ganzhorn found medical papers and court papers with Heald's name on it. Heald's last valid driver's license stated his address was in Painesville, Ohio. Deputy Shoemaker searched the outside of the residence and observed a grill against the back of the house. Deputy Shoemaker opened the grill to look for the reported gun. Inside the grill, Deputy Shoemaker found a brown plastic bag with a clear plastic bag inside closed with an orange twisty tie. Inside the bag were containers containing a green leafy substance, a wrapped brownie, and five cylindrical objects that, to Deputy Shoemaker, looked like sidewalk chalk. The plastic bag and the contents were secured as evidence and sent to the Ohio Bureau of Criminal Investigation for analysis.

         {¶4} BCI analyzed the contents of the brown plastic bag. It was determined the five cylindrical objects that looked like sidewalk chalk were made of heroin, acetylfentanyl, and fentanyl and weighed a total of 297.51 grams. It was estimated the street value of 297.51 grams of heroin and fentanyl was $29, 700.00.

         {¶5} In December 2015, Deputy Ganzhorn was granted a search warrant to obtain a DNA swab from Heald.

         {¶6} After his arrest, Heald was held in jail. During a recorded phone conversation with J.K. while he was in jail, Heald told J.K. the police only found the marijuana.

         {¶7} The Mansfield Police Department Crime Lab obtained a DNA sample from the plastic bag that contained the heroin and fentanyl. The DNA Analysis Report showed the DNA swab from Heald matched the major DNA profile on the plastic bag containing the heroin and fentanyl. The Crime Lab determined within a reasonable degree of scientific certainty that Heald was the source of the major DNA profile on the plastic bag. It was unknown, however, when Heald handled the plastic bag or how long his DNA was on the plastic bag.

         {¶8} On August 10, 2016, the Richland County Grand Jury indicted Heald on two counts: Count One, Possession of Heroin, a first-degree felony in violation of R.C. 2925.11(A) and (C)(6)(f); and Count Two, Trafficking in Heroin, a first-degree felony in ...


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