Court of Appeals of Ohio, Second District, Montgomery
Criminal Appeal from Common Pleas Court Trial Court Case No.
MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Assistant
Prosecuting Attorney, Attorney for Plaintiff-Appellee.
KRISTIN L. ARNOLD, Attorney for Defendant-Appellant.
1} Defendant-appellant Danny Wade appeals his
conviction and sentence for one count of possession of
cocaine, in violation of R.C. 2925.11(A), a felony of the
first degree, and one count of having weapons while under
disability, in violation of R.C. 2923.13(A)(3), a felony of
the third degree. Wade filed a timely notice of appeal with
this Court on October 11, 2018.
2} Wade's appointed appellate counsel filed a
brief pursuant to Anders v. California, 386 U.S.
738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that no
prejudicial error occurred below and that any grounds for
appeal would be frivolous and seeking leave to withdraw as
counsel. On March 6, 2019, we notified Wade of the filing of
an Anders brief and provided him with 60 days to
file a pro se brief. Wade has not filed a pro se brief with
and Procedural History
3} On February 17, 2017, Detective Raymond St. Clair
interviewed an individual with a pending cocaine possession
charge (hereinafter referred to as "the
informant"). During the interview, the informant
provided the following information with respect to the drug
supplier, identified as defendant-appellant Wade: 1) street
name; 2) description of person; 3) description of car; 4)
employer; 5) telephone number; and 6) street and home
description. On the same day, Detective St. Clair traveled to
the address provided by the informant. Upon his arrival,
Detective St. Clair was able to confirm all of the
information provided by the informant. Additionally,
Detective St. Clair confirmed that Wade owned the residence
at the address provided by the informant, that Wade was the
registered user of the phone number provided by the
informant, and that Wade had a prior conviction for
possession of crack cocaine dating back to 2010.
4} On February 20, 2017, Detective St. Clair
conducted further surveillance on Wade's residence which
revealed behavior consistent with drug distribution activity.
Detective St. Clair was also able to confirm Wade's
employment at a Popeye's Chicken restaurant located on
Salem Avenue in Dayton, Ohio. On February 22, 2017, Detective
St. Clair was conducting surveillance of Wade's residence
when he observed an individual enter the home who had been
convicted in 2010 for trafficking in crack cocaine. On
February 23, 2017, Detectives St. Clair and Mollie Hamby met
with a confidential informant (C.I.) regarding a potential
drug buy from Wade. The C.I. later met with Wade, who offered
to sell the C.I. cocaine for a specific amount of money.
5} On March 14, 2017, Detective St. Clair collected
trash from outside Wade's residence which had been placed
at the curb. During his search of the trash, Detective St.
Clair found a plastic baggie containing white residue that
field-tested positive for cocaine. Based upon his
investigation, Detective St. Clair drafted an affidavit for a
search warrant and a search warrant for Wade's residence,
which he presented to a judge from the Montgomery County
Court of Common Pleas. The judge issued the search warrant on
March 17, 2017.
6} On March 20, 2017, the search warrant was
executed on Wade's residence; officers found large
amounts of cash, firearms and ammunition, cocaine, marijuana,
various prescription pills, and a digital scale.
7} On November 21, 2017, Wade was indicted for one
count of possession of cocaine (at least 27 grams but less
than 100 grams), one count of possession of heroin (at least
one gram but less than five grams), three counts of
aggravated possession of drugs (Schedule I or II), two counts
of possession of drugs (Schedule III, IV, or V), and one
count of having weapon while under disability (prior drug
offense). At his arraignment on December 1, 2017, Wade stood
mute, and the trial court entered a plea of not guilty on his
8} On December 20, 2017, Wade filed a motion to
suppress in which he argued that the search warrant should
not have been issued because it was overbroad and based upon
stale information. Wade also argued that Detective St.
Clair's affidavit in support the search warrant did not
contain enough information to support a finding of probable
cause to search Wade's residence. On January 16, 2018,
Wade filed a motion to compel discovery in which he requested
that the State disclose the name and address of the C.I.
referred to in Detective St. Clair's affidavit in support
of the search warrant. On April 11, 2018, the trial court
overruled Wade's motion to suppress and his motion to
9} On August 15, 2018, Wade pled no contest to one
count of possession of cocaine (27 grams but less than 100
grams), in violation of R.C. 2925.11(A), a felony of the
first degree; and one count of having weapons while under
disability (prior drug conviction), in violation of R.C.
2923.13(A)(3), a felony of the third degree. The State
dismissed the remaining counts. On September 13, 2018, Wade
was sentenced to an aggregate term of 36 months ...