from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Sheryl L. Prichard,
Law Office of Brian Jones, LLC, Brian G. Jones and Elizabeth
E. Osorio, for appellant.
Elizabeth E. Osorio.
1} Defendant-appellant, Joshua F. Smith, appeals
from a judgment of conviction and sentence entered by the
Franklin County Court of Common Pleas pursuant to a guilty
plea entered by appellant.
2} The charges against appellant arise out of his
participation in drug trafficking. The most expansive scheme
involved obtaining unwarranted prescriptions for oxycodone
painkillers from a corrupt physician in Florida, filling the
prescriptions in Michigan and elsewhere, and reselling the
pills in central Ohio. Several persons participated in this
scheme as couriers and distributors under appellant's
direction, receiving travel expenses and instructions from
3} Two indictments resulted. In the first, Franklin
C.P. No. 17CR-000157, a 39-count indictment issued on January
9, 2017 charged appellant and several other co-offenders with
crimes arising from the oxycodone operation. The counts
pertaining to appellant consisted of one count of engaging in
a pattern of corrupt activity in violation of R.C. 2923.32, a
felony of the first degree; one count of aggravated funding
of drug trafficking in violation of R.C. 2925.05, a felony of
the first degree; and 27 counts of aggravated trafficking in
drugs in violation of R.C. 2925.03, felonies of the second
degree. Appellant pleaded not guilty to these charges on
January 11, 2017 and posted bond the same day.
4} The second indictment, Franklin C.P. No.
17CR-001817, issued on March 31, 2017, added three counts of
aggravated trafficking involving bulk amounts of
methamphetamine. Appellant pleaded not guilty to these
charges on April 5, 2017.
5} In addition, continued investigation produced
evidence of additional trafficking in methamphetamine by
appellant, but these incidents did not result in further
indictment. The resulting arrest on February 13, 2017
coincided with a bond revocation in case No. 17CR-000157.
6} After plea negotiations, the parties agreed
appellant would plead guilty to engaging in a pattern of
corrupt activity and aggravated funding of drug trafficking
counts of the first indictment and 13 of the first
indictment's counts for aggravated trafficking in drugs.
Appellant would further plead guilty to one of the three
aggravated trafficking counts from the second indictment. The
state agreed to dismiss all other charges in the two
indictments and would not seek indictment of charges arising
from the later methamphetamine buys. The parties and judge
agreed the statutory minimum ...