Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Finley

Court of Appeals of Ohio, Seventh District, Mahoning

June 21, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
JAMAL FINLEY, Defendant-Appellant.

          Criminal Appeal from the Court of Common Pleas of Mahoning County, Ohio Case No. 17CR768.

          Atty. Paul Gains, Prosecutor, Atty. Ralph Rivers, Assistant Prosecutor, Mahoning County Prosecutor's Office, for Plaintiff-Appellee, and

          Atty. Joseph Gardner, for Defendant-Appellant.

          BEFORE: Gene Donofrio, Cheryl L. Waite, Carol Ann Robb, Judges.

          OPINION AND JUDGMENT ENTRY

          Donofrio, J.

         {¶1} Defendant-appellant, Jamal Finley, appeals his conviction in the Mahoning County Common Pleas Court for one count of possession of cocaine, a second-degree felony; one count of illegal conveyance into a detention facility, a third-degree felony; and one count of falsification, a first-degree misdemeanor, following a no-contest plea.

         {¶2} On July 5, 2017, Officer Sember of the Youngstown Police Department was on patrol in Youngstown, Ohio. While on patrol, Officer Sember observed a car traveling westbound on East Florida Avenue. When the car reached the intersection of East Florida and Southern Boulevard, the car came to a complete stop, began to make a right turn onto Southern, activated the turn signal mid-turn, and then completed the turn. Officer Sember then initiated a traffic stop of the car for failure to use a turn signal 100 feet prior to a change of course. Pamela Miller was the driver of the car and appellant was in the front passenger seat.

         {¶3} Officer Sember approached the vehicle and asked for Miller's and appellant's identification information. Miller provided Officer Sember with her identification. Appellant did not have identification on him but informed Officer Sember that his name was James Smith and his date of birth was February 1, 1976. Appellant also provided Officer Sember with a Social Security number. Once another officer arrived at the scene to supervise Miller and appellant, Officer Sember returned to his cruiser to verify the identification information Miller and appellant provided.

         {¶4} Officer Sember was able to verify Miller's information. But Officer Sember was not able to identify a James Smith with the Social Security number appellant provided. Officer Sember then returned to Miller's car and informed appellant that he could not verify appellant's identity. Appellant responded with the same name and date of birth but gave Officer Sember a different Social Security number. It was also at this point that Officer Sember noticed appellant exhibiting behavior such as: sweating from the forehead, trembling hands, and labored and rapid breathing.

         {¶5} Officer Sember returned to his cruiser again to verify the second Social Security number appellant provided. This Social Security number belonged to a woman. Noting that appellant was a man, Officer Sember detained appellant on suspicion for falsification.

         {¶6} Appellant was ordered out of Miller's car and escorted by Officer Sember to the police cruiser. Upon escorting appellant, Officer Sember detected a heavy odor of raw marijuana. Officer Sember asked appellant if he had anything illegal on him to which appellant responded no. Officer Sember testified that he received permission by appellant to conduct a pat down. Appellant testified that he did not give Officer Sember permission to conduct a search or a pat down.

         {¶7} The pat down did not reveal any contraband. But Officer Sember testified that he felt a slight bulge near appellant's buttocks. Officer Sember placed appellant in the back of the cruiser and informed him that he was being detained on suspicion for providing false information. Appellant then provided Officer Sember with his real name and a third Social Security number. Officer Sember managed to confirm appellant's identity with the third Social Security number. When verifying appellant's identity, Officer Sember discovered, and subsequently confirmed, that appellant had outstanding federal warrants for his arrest in West Virginia for possession with intent to distribute cocaine, heroin, and marijuana. Officer Sember informed appellant that he was going to be taken to the Mahoning County Justice Center due to the outstanding warrants and also informed him that, if he had drugs on him, appellant would be charged with illegal conveyance into a detention center. Appellant claimed he had no drugs on him.

         {¶8} At the Mahoning County Justice Center, Officer Sember informed appellant again that, if he had drugs on him, he would be charged with illegal conveyance into a detention center. Appellant restated that he had no drugs on him. A search of appellant at the Justice Center revealed a large amount of crack cocaine, powder cocaine, and a small bag of marijuana.

         {¶9} A Mahoning County Grand Jury indicted appellant on the following charges: count one for possession of cocaine in violation of R.C. 2923.11(A)(C)(4)(e), a first-degree felony, count two for illegal conveyance into a detention facility in violation of R.C. 2921.26(A)(2), a third-degree felony, and count three for falsification in violation of R.C. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.