Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No.
Plaintiff-Appellee: WILLIAM C. HAYES LICKING CO. PROSECUTOR
PAULA M. SAWYERS
Defendant-Appellant: STEPHEN T. WOLFE WOLFE LAW GROUP, LLC
Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon.
Craig R. Baldwin, J.
Appellant Bennie Boy Shough appeals from the April 24, 2019
judgment entry of conviction and sentence of the Licking
County Court of Common Pleas, incorporating the November 13,
2018 judgment entry overruling his motion to suppress.
Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
The instant case has a lengthy procedural history including,
e.g., withdrawals of counsel, appointments of counsel,
applications for disqualification of the trial court, and
appellant's repeated failures to appear. The following
statement of facts and procedural history addresses the
portions of the record which is relevant to the instant
appeal. The following facts are adduced from the record of
the suppression hearing.
On January 3, 2018, officers of the Newark Police Department
were dispatched to an address on Prior Street for a report of
shots fired. Upon their arrival, they observed appellant
standing outside the residence near a running car. They made
contact with appellant and patted him down for weapons. As
Ptl. Benner patted appellant down, Sgt. Bline observed a
plastic baggie hanging out of appellant's pocket
containing a granular substance. When asked what the baggie
contained, appellant stated, "Speed." The substance
tested positive as 19.2 grams of methamphetamine.
Appellant's neighbor testified as a defense witness at
the suppression hearing. She acknowledged she is the person
who called 911 on the night in question. The neighbor agreed
she does not like appellant and does not want him living in
her neighborhood, but reiterated that she called police
because she heard shots fired from appellant's residence.
When police arrived on the scene, she directed them to the
residence, and to appellant standing in the driveway.
Appellant was charged by indictment with one count of
aggravated drug possession (methamphetamine) pursuant to R.C.
2925.11(A)(C)(1)(c), a felony of the second degree. Appellant
entered a plea of not guilty.
Appellant filed a motion to suppress and appellee filed a
memorandum in opposition. The matter proceeded to evidentiary
hearing on October 26, 2018. The trial court overruled the
motion to suppress via judgment entry dated November 13,
On April 24, 2019, appellant appeared before the trial court
and changed his previously-entered plea of not guilty to one
of no contest. The trial court deferred sentencing pending
completion of a pre-sentence investigation. On April 24,
2019, the trial court sentenced appellant to a prison term of
5 years to be followed by a mandatory period of three years
of post-release control.
Appellant now appeals from the trial court's judgment
entry of conviction and sentence dated April 24, 2019,
incorporating the trial ...