Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Black

Court of Appeals of Ohio, Fifth District, Richland

May 14, 2018

STATE OF OHIO Plaintiff-Appellee
v.
KEVIN A. BLACK Defendant-Appellant

          Appeal from the Richland County Court of Common Pleas, Case No. 2017-CR- 129

          For Plaintiff-Appellee: GARY BISHOP RICHLAND COUNTY PROSECUTOR JOSEPH C. SNYDER

          For Defendant-Appellant: JAMES L. BLUNT, II

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

          OPINION

          Delaney, J.

         {¶1} Defendant-Appellant Kevin A. Black appeals the July 14, 2017 judgment entry of the Richland County Court of Common Pleas denying his motion to suppress.

         FACTS AND PROCEDURAL HISTORY

         {¶2} Defendant-Appellant Kevin A. Black was arrested on February 20, 2017 based on a traffic stop of his vehicle. Black was then indicted on five counts: 1) Improperly Handling Firearms in a Motor Vehicle, a fourth-degree felony in violation of R.C. 2923.16(B); 2) Improperly Handling Firearms in a Motor Vehicle, a fourth-degree felony in violation of R.C. 2923.16(D)(1); 3) Illegal Conveyance of Drugs of Abuse onto the Grounds of a Specified Governmental Facility, a third-degree felony in violation of R.C. 2921.36(A)(2); 4) Carrying a Concealed Weapon, a fourth-degree felony in violation of R.C. 2923.12(A)(2); and 5) Carrying a Concealed Weapon, a fourth-degree felony in violation of R.C. 2923.12(A)(1).

         {¶3} Black filed a motion to suppress on June 26, 2017. In his motion, he argued there was no probable cause or reasonable grounds to stop, detain, and search him or his vehicle on February 20, 2017. On July 7, 2017, the trial court held a hearing on Black's motion. At the hearing, Black only argued there was no probable cause or reasonable grounds to stop his vehicle pursuant to a violation of R.C. 4511.33.

         {¶4} The State presented the testimony of Trooper Robert Warner. On February 20, 2017, Trooper Warner of the Ohio State Highway Patrol was on patrol in Richland County, Ohio. (T. 4). He was traveling south on Trimble Road in a marked patrol car at approximately 12:00 a.m. (T. 6). At the time, the roadway was dark and there was intermittent rain. (T. 7). Trooper Warner was stopped at a red light at the intersection of Trimble and McPherson. His vehicle was the first at the intersection. (T. 7). While stopped at the intersection, Trooper Warner observed Black's pick-up truck turn right from a gas station onto Trimble Road. (T. 7). When the light turned green, Trooper Warner proceeded on Trimble Road and travelled directly behind Black's vehicle. As Black's vehicle traveled up a hill on Trimble Road, Trooper Warner observed Black commit a left-of-center violation. (T. 8). Trooper Warner saw a portion of the vehicle's driver's side tire cross the right side of the center double yellow line, but not fully cross the double yellow line. (T. 11, 18). The vehicle's driver's side mirror was over the double yellow line. (T. 13). Trooper Warner activated his overhead lights and initiated a traffic stop based on the left-of-center violation. (T. 8). Exhibit 1, the video recording from Trooper Warner's patrol car of the alleged violation and traffic stop, was played at trial. (T. 9). No other evidence was presented.

         {¶5} At the conclusion of the hearing, the trial court stated on the record that it observed on the dash cam video that Black's tire crossed the double yellow centerline and the driver's side mirror extended further than the tire. (T. 24). It found that Trooper Warner had reasonable cause to stop Black for a left-of-center violation.

         {¶6} On July 14, 2017, the trial court journalized its decision to deny Black's motion to suppress.

         {¶7} Black entered a plea of no contest to Count 2, Count 3, and Count 5 and the trial court found him guilty. The trial court sentenced Black to three years ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.