FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 15CR092808
MICHAEL J. DUFF, Attorney at Law, for Appellant.
P. WILL, Prosecuting Attorney, and LINDSEY C. POPROCKI,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR JUDGE.
Appellant, Arsie Thompson, appeals the judgment of the Lorain
County Court of Common Pleas. This Court reverses and
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.
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.
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.
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.
On appeal, Thompson raises one assignment of error.
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED WHEN IT DENIED MR. THOMPSON'S
MOTION TO SUPPRESS AS IT WAS NOT SUPPORTED BY COMPETENT,