Court of Appeals of Ohio, Fifth District, Muskingum
CHARACTER OF PROCEEDING: Criminal Appeal from the Court of
Common Pleas, Case No. CR2016-0317
Plaintiff-Appellee D. MICHAEL HADDOX PROSECUTING ATTORNEY
TAYLOR P. BENNINGTON ASSISTANT PROSECUTOR
Defendant-Appellant JAMES ANZELMO
JUDGES: Hon. John W. Wise, P. J. Hon. Patricia A. Delaney, J.
Hon. Craig R. Baldwin, J.
Defendant-Appellant Ivan J. Smith appeals denial of his
motion to waive court costs by the Muskingum County Court of
Plaintiff-Appellee is the State of Ohio.
OF THE FACTS AND CASE
The facts and procedural history are as follows:
On July 13, 2016, Muskingum County Sheriffs dispatch received
a complaint about the odor of marijuana coming from the
residence located at 128 Hamline Ave., Zanesville, Ohio. The
complaint also stated that the occupants at the residence
were trafficking in drugs.
Colleena Johnson ("Colleena") and Appellant lived
at 128 Hamline Ave. 130 Hamline Ave. was vacant at the time.
(Trial, Vol. I, p. 157, 159; Vol. II, p. 455). Their
residence is a duplex with 130 Hamline Ave., wherein 128 is
on the south side and 130 is on the north side. (T. at 157).
In response to the complaint, officers approached the
residence to conduct a "knock and talk". (T. at
152-53). Officers noticed the odor or raw marijuana, which
became stronger when Colleena came out after the officers
knocked. (T. at 155-56). Colleena refused to give consent for
a search of the residence. Officers secured the residence
while Detective Matt Wilhite ("Det. Wilhite") left
to procure a search warrant. (T. at 156). Colleena, who was
not permitted to re-enter the residence without being
accompanied by an officer, left on foot. It took a little
over an hour for Det. Wilhite to return with a signed search
Additionally, officers received consent from Dan Reinstetle,
the owner of the duplex, to search the vacant 130 Hamline
Ave. residence to confirm the odor of marijuana was not
coming from it. (T. at 159). Officers also found nine (9)
marijuana plants outside, on the south side (128 side) of the
duplex, in pots that resembled pots that were later
discovered inside 128 Hamline Ave. (T. at 167). The marijuana
plants outside had labels on them to identify their strand.
(T. at 169).
Inside 128 Hamline Ave., officers found Christmas tags that
read "To Ivan, From Col", mason jars with
labelling, and Ziploc vacuum sealed bags with handwriting
that was similar to the handwriting on the labels on the
marijuana plants outside. (T. at 170-71, 173). There was also
marijuana residue on the bottom of the mason jars and the
labels for other strands of marijuana. (T. at 171-72).
Officers also found five (5) butane cans inside the
residence, which Det. Wilhite testified were frequently used
to process marijuana to manufacture hashish. (T. at 172).
Hashish was also found. (T. at 467-69).
During the search, officers also found duct tape that matched
duct tape on the marijuana plants outside, as well as duct
tape that would later be found in the basement and at a
storage unit. (T. at 173-74).
A book named Cannabis Indica was found next to a cedar chest
in a room upstairs. (T. at 176). Inside that cedar chest were
four (4) more mason jars with labels, vacuum sealed bags, and
a plastic tote that had Appellant's fingerprint on it.
(T. at 177, 392-94). There was a desk in the room that had
mail and multiple documents in the name of Appellant. (T. at