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State v. Thompson

Court of Appeals of Ohio, Ninth District, Lorain

June 10, 2019

STATE OF OHIO Appellee
v.
ARSIE THOMPSON Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 15CR092808

          MICHAEL J. DUFF, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and LINDSEY C. POPROCKI, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR JUDGE.

         {¶1} Appellant, Arsie Thompson, appeals the judgment of the Lorain County Court of Common Pleas. This Court reverses and remands.

         I.

         {¶2} After a series of controlled drug buys involving a confidential informant, Lorain police conducted a search of Thompson's residence in November 2015. During the search of the house located at 604 East 35th Street, Lorain, Ohio, police discovered items indicative of drug trafficking, including money, over 100 grams of cocaine, and cell phones.

         {¶3} On December 18, 2015, the Lorain County Grand Jury charged Thompson with a number of offenses, including possession of drugs with major drug offender and forfeiture specifications, as well as a bevy of trafficking charges. Thompson pleaded not guilty to the charges at arraignment.

         {¶4} After successfully moving the trial court to unseal the search warrant and supporting affidavit, Thompson filed a motion to suppress challenging the validity of the search of his home. The State filed a brief in opposition to the motion. With leave of court, Thompson filed an amended motion to suppress wherein he raised a number of issues, including whether the search occurred prior to the issuance of a valid search warrant. The State also filed a brief in opposition to the amended motion. This matter proceeded to a hearing. The trial court ultimately issued a journal entry denying Thompson's motion to suppress. In that same journal entry, the trial court granted a motion filed by the State to amend the indictment with respect to the date of the offense for several charges.

         {¶5} Thompson ultimately pleaded no contest to one count of possession of drugs with major drug offender and forfeiture specifications; one count of trafficking in drugs with major drug offender and forfeiture specifications, four additional counts of trafficking in drugs; one count of possession of criminal tools; and one count of possession of drug paraphernalia. The trial court found Thompson guilty of the aforementioned offenses and imposed a total prison sentence of 11 years along with a fine of $10, 000.

         {¶6} On appeal, Thompson raises one assignment of error.

         II.

ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED WHEN IT DENIED MR. THOMPSON'S MOTION TO SUPPRESS AS IT WAS NOT SUPPORTED BY COMPETENT, ...

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