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State v. Wade

Court of Appeals of Ohio, Second District, Montgomery

June 21, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DANNY WADE Defendant-Appellant

          Criminal Appeal from Common Pleas Court Trial Court Case No. 2017-CR-3273

          MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Assistant Prosecuting Attorney, Attorney for Plaintiff-Appellee.

          KRISTIN L. ARNOLD, Attorney for Defendant-Appellant.

          OPINION

          DONOVAN, J.

         {¶ 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 this Court.

         Facts 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 behalf.

         {¶ 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 compel discovery.

         {¶ 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 ...


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