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State v. Hale

Court of Appeals of Ohio, Ninth District, Summit

August 28, 2019

STATE OF OHIO Appellee
v.
TERRY WADE HALE Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 2015 05 1532B

          RHONDA KOTNIK, Attorney at Law, for Appellant.

          MARK LUDWIG, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO JUDGE

         {¶1} Appellant, Terry Wade Hale, appeals from the denial of his motion for a new trial in the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} This Court previously summarized the underlying facts of this case as follows:

The National Precursor Log Exchange ("NPLEx") is an "electronic system for tracking sales of pseudoephedrine products and ephedrine products on a national basis * * *." RC. 3715.05(A)(6). While monitoring the NPLEx live-time feed, a Brimfield police officer saw that Ms. Lisa Herczec had just purchased products containing pseudoephedrine from the Brimfield Walmart. The officer went to the store's parking lot and watched Ms. Herczec exit the store and join another man, later identified as R.S., by a vehicle that appeared to be broken down. Ms. Herczec's NPLEx purchase history showed that she had been purchasing a lot of pseudoephedrine and that she associated with Mr. Hale, who had prior methamphetamine-related activity. Mr. Hale also had an active warrant for his arrest.

Mr. Hale soon appeared at the broken-down vehicle. Another officer arrived and both officers approached the group together. They detained Mr. Hale on his outstanding warrant. Ms. Herczec initially told the officers that she bought the pseudoephedrine for her allergies, but later admitted that she bought it for Mr. Hale and said that he was manufacturing methamphetamine at his house in Akron. She provided the officers with Mr. Hale's address and they notified Akron police. The agency with the active warrant eventually informed Brimfield police that it did not want to pick up Mr. Hale on the warrant, so all three individuals were released and they waited for a ride in the Walmart parking lot.

Meanwhile, based on the information from Brimfield police, Akron police officers investigated and discovered an active methamphetamine lab at Mr. Hale's residence. Akron police then asked Brimfield police to arrest Mr. Hale and Ms. Herczec. Upon execution of a search warrant for the residence, officers discovered many items related to the manufacture of methamphetamine.

State v. Hale, 9th Dist. Summit No. 28334, 2017-Ohio-7048, ¶ 2-4. After a jury trial, Mr. Hale was convicted of illegal manufacture of drugs, illegal assembly or possession of chemicals for the manufacture of drugs, aggravated possession of drugs, and illegal use or possession of drug paraphernalia. Id. at ¶ 5. The trial court sentenced him to nine years in prison. Id. His convictions were affirmed on appeal. Id. at ¶ 15.

         {¶3} After this Court affirmed his convictions and the Supreme Court of Ohio declined to accept jurisdiction, see State v. Hale, 152 Ohio St.3d 1489, 2018-Ohio-2154, the trial court denied Mr. Hale's pending motion for a new trial.

         {¶4} Mr. Hale now appeals from the trial court's denial of his motion for a new trial and raises three assignments of error for this Court's review.

         II.

         ASSIGNMENT ...


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