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State v. Mathews

Court of Appeals of Ohio, Tenth District

December 3, 2019

State of Ohio, Plaintiff-Appellee,
v.
Andraus D. Mathews, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 18CR-639

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee.

          Yeura R. Venters, Public Defender, and Ian J Jones, for appellant.

         Argued:

          Barbara A. Farnbacher.

          Ian J. Jones.

          DECISION

          BEATTY BLUNT, J.

         {¶ 1} Defendant-appellant, Andraus D. Mathews, appeals from a judgment of conviction and sentence entered by the Franklin County Court of Common Pleas pursuant to his no contest plea to all six counts of a six-count indictment following the trial court's denial of his motion to suppress. Because the trial court did not err in denying appellant's motion to suppress, we affirm.

         I. Facts and Procedural History

         {¶ 2} On the morning of May 18, 2017, the U.S. Marshall's Service entered an apartment on Ironwood Court in Columbus, Ohio in search of a wanted felon. Four individuals were found inside the apartment, including appellant. There was a smell of marijuana, and narcotics and paraphernalia were in plain view inside the residence. The U.S. Marshall's Service contacted the Franklin County Sheriffs "Special Investigations Unit" ("SIU") to come to the scene, take over and process the suspects found inside the apartment.

         {¶ 3} Detective Mark Edwards, Jr. and Detective James Jodrey of the Franklin County Sheriffs SIU were called to report to the scene and assist in interviewing those found inside the residence. Detective Edwards primarily conducted the interview of appellant, which took place in the front seat of Detective Edwards' police vehicle parked a short distance from the apartment. Detective Jodrey was secondarily involved in that he occasionally spoke to appellant through the open passenger-side window of the vehicle.

         {¶ 4} At the outset of the interview, Detective Edwards gave appellant Miranda warnings. Upon being questioned, appellant told Detective Edwards that he had completed 12th grade, that his grades included A's and B's, that he had no difficulty reading and writing, and that he had smoked a "couple joints" of "weed" the previous day. Approximately half way through the roughly 56 minute interview, appellant made an incriminating statement that "the dope is mine." (R. 63 at 2) At the end of the interview Detective Edwards obtained appellant's signature on a constitutional rights waiver form.

         {¶ 5} As a result of the foregoing events, on February 9, 2018, a Franklin County Grand Jury issued a six-count indictment charging appellant with trafficking in cocaine, a first-degree felony, in violation of R.C. 2925.03; possession of cocaine, a first-degree felony, in violation of R.C. 2925.11; trafficking in heroin, a second-degree felony, in violation of R.C. 2925.03; possession of heroin, a second-degree felony, in violation of R.C. 2925.11; aggravated trafficking in drugs, with a one-year firearm specification, a third-degree felony, in violation of R.C. 2925.03; and aggravated possession ...


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