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State v. Shaw

Court of Appeals of Ohio, Fifth District, Muskingum

June 13, 2019

STATE OF OHIO Plaintiff-Appellee
v.
JOSHUA B. SHAW Defendant-Appellant

          Appeal from the Muskingum County Court of Common Pleas, case no. CR2018-0086

          For Plaintiff-Appellee: D. MICHAEL HADDOX MUSKINGUM CO. PROSECUTOR TAYLOR P. BENNINGTON

          For Defendant-Appellant: JAMES A. ANZELMO

          JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          DELANEY, J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} The following facts are adduced from appellee's statement at appellant's change-of-plea hearing on June 20, 2018.

         {¶3} 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.

         {¶4} 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.

         {¶5} When the substance was tested, however, it proved to be 1.04 grams of methamphetamine.

         {¶6} 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.

         {¶7} 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.

         {¶8} Appellant now appeals from the judgment entries of ...


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