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State v. McKnight

Court of Appeals of Ohio, Tenth District

May 15, 2018

State of Ohio, Plaintiff-Appellee,
v.
Shaunell D. McKnight, Defendant-Appellant.

          APPEALS from the Franklin County Court of Common Pleas (C.P.C. Nos. 17CR-4131, 17CR-1565)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Sheryl L. Prichard, for appellee.

         On brief:

          Mindy K. Yocum, for appellant.

          DECISION

          SADLER, J.

         {¶ 1} Defendant-appellant, Shaunell D. McKnight, appeals from two judgment entries of the Franklin County Court of Common Pleas finding appellant guilty of possession of heroin and aggravated possession of drugs in case No. 17CR-4131 and finding appellant guilty of trafficking in heroin, trafficking in cocaine, and illegal conveyance of drugs into a detention facility in case No. 17CR-1565. For the following reasons, we affirm the decision of the trial court in case No. 17CR-4131 and dismiss the appeal in case No. 17CR-1565.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On March 17, 2017, a Franklin County Grand Jury indicted appellant in case No. 17CR-1565 on five separate counts related to appellant's alleged possession and trafficking of various drugs on July 12, 2016. The counts included: trafficking in heroin, in violation of R.C. 2925.03; possession of heroin, in violation of R.C. 2925.11; trafficking in cocaine, in violation of R.C. 2925.03; possession of cocaine, in violation of R.C. 2925.11; and illegal conveyance of drugs of abuse onto grounds of a specific government facility, in violation of R.C. 2921.36.

         {¶ 3} On July 28, 2017, a Franklin County Grand Jury indicted appellant in case No. 17CR-4131 on four separate counts under R.C. 2925.11 related to appellant's alleged possession of various drugs on March 16, 2017. The counts included: possession of heroin with an accompanying firearm specification; aggravated possession of drugs, to wit: oxycodone, with an accompanying firearm specification; possession of cocaine with an accompanying firearm specification; and aggravated possession of drugs, to wit: methamphetamine, with an accompanying firearm specification.

         {¶ 4} At a September 19, 2017 plea hearing for both cases, plaintiff-appellee, State of Ohio, set forth the facts underlying the indictment in case No. 17CR-1565 as follows:

That case occurred July 12th, 2016. The Franklin County Sheriffs Office had executed a narcotic search warrant at the residence that [appellant] and Brandon Shipley were selling heroin out of. When they executed that search warrant, [appellant] was present. She indicated that she was not a heroin addict, did not use drugs, but in her possession was greater than 5 grams but less than 10 grams of heroin that was being sold out of the house; hence, the trafficking, as well as greater than 10 grams but less than 20 grams of cocaine.
[Appellant] was taken to the Franklin County jail over the arrest for this search warrant. She was asked if she had any contraband on her person. She indicated in the negative. And cocaine, as well as I think another type of drug, was found in her possession at the jail.

(Plea Hearing Tr. at 5.)

         {¶ 5} Regarding case No. 17CR-4131, appellee set forth the facts underlying the indictment as follows:

Very similar to the first one, Your Honor. This one happened March 16th, 2017. Again, the sheriffs office, the same unit, executed a narcotics search warrant at the residence that [appellant] and Mr. Shipley were selling heroin out of. In this case, she, again, had in her possession greater than 5 grams but less than 10 grams of heroin -- it was a joint possession with Brandon Shipley -- as well as greater than the bulk amount of oxycodone, a Schedule II drug. There were text messages on her cell phone directing people ...

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