Court of Appeals of Ohio, Fifth District, Muskingum
from the Muskingum County Court of Common Pleas, case no.
Plaintiff-Appellee: D. MICHAEL HADDOX MUSKINGUM CO.
PROSECUTOR TAYLOR P. BENNINGTON
Defendant-Appellant: JAMES A. ANZELMO
JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A.
Delaney, J. Hon. Earle E. Wise, Jr., J.
Appellant Joshua B. Shaw appeals from the July 25, 2018 Entry
of the Muskingum County Court of Common Pleas. Appellee is
the state of Ohio.
AND PROCEDURAL HISTORY
The following facts are adduced from appellee's statement
at appellant's change-of-plea hearing on June 20, 2018.
On September 9, 2017, officers from the Zanesville Police
Department were dispatched for a report of a man passed out
in a truck in the middle of a roadway. Although the truck was
gone upon officers' arrival, witnesses provided a
description of the truck and its license plate. Officers
found the truck nearby, with a female in the front passenger
seat and appellant standing next to the driver's-side
door. Upon asking the female to get out of the truck,
officers observed a pop can with a piece of cotton containing
white residue which also had "a piece of equipment to
help ingest a controlled substance." T. 12.
Upon searching the vehicle, officers found digital scales,
two capped syringes, and a small pill container which
contained a plastic baggie of a crystal-like substance. An
uncapped syringe including what appeared to be blood was
found on the driver's seat. Appellant and the female said
the substance was "fake meth." Appellant admitted
it was his, and that he intended to purchase genuine meth but
received fake meth.
When the substance was tested, however, it proved to be 1.04
grams of methamphetamine.
Appellant was charged by indictment with one count of drug
possession (methamphetamine) pursuant to R.C. 2925.11(A), a
felony of the fifth degree; one count of possession of drug
abuse instruments pursuant to R.C. 2925.12(A), a misdemeanor
of the second degree; and one count of possession of drug
paraphernalia pursuant to R.C. 2925.14(C)(1), a misdemeanor
of the fourth degree.
On June 20, 2018, appellant changed his previously-entered
pleas of not guilty to ones of guilty. The matter proceeded
to sentencing on July 23, 2018 and the trial court imposed a
total aggregate prison term of 11 months.
Appellant now appeals from the judgment entries of ...