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State v. Sidey

Court of Appeals of Ohio, Third District, Allen

December 16, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
COREY R. SIDEY, DEFENDANT-APPELLANT.

          Appeal from Lima Municipal Court Trial Court No. 19TRC01507

          John C. Huffman for Appellant

          Lisa R. Bradley for Appellee

          OPINION

          ZIMMERMAN, P.J.

         {¶1} Defendant-appellant, Corey R. Sidey ("Sidey"), appeals the April 10, 2019 judgment entry of the Lima Municipal Court denying his motion to suppress evidence. For the reasons that follow, we affirm.

         {¶2} This case stems from a February 19, 2019 traffic stop of the vehicle operated by Sidey after Sergeant Alec Cooper ("Sgt. Cooper") of the Delphos Police Department received radio contact from another officer that Sidey's vehicle had no front license plate. As a result of the traffic stop, Sidey was cited for operating a vehicle under the influence of alcohol or drugs-OVI ("OVI") in violation of R.C. 4511.19(A)(1)(a), (d) a first-degree misdemeanor and for display of license plates, registrations, marks, placards, and stickers in violation of R.C. 4503.21(A)(1), a minor misdemeanor. (Doc. No. 1).

         {¶3} On February 20, 2019, Sidey appeared for arraignment and entered pleas of not guilty. (Doc. No. 4).

         {¶4} On March 26, 2019, Sidey filed a motion to suppress evidence arguing that Sgt. Cooper did not have a reasonable, articulable suspicion to stop Sidey based on the observations of another officer and that his testimony alone was insufficient to establish reasonable articulable suspicion.[1] (Doc. No. 12). After a hearing on April 10, 2019, the trial court denied Sidey's motion to suppress evidence. (Doc. No. 14).

         {¶5} On April 29, 2019, Sidey withdrew his pleas of not guilty and entered a no-contest plea, under a negotiated-plea agreement, to OVI in violation of R.C. 4511.19(A)(1)(d). (Doc. No. 18). In exchange for his change of plea, the State agreed to dismiss the other charges. (Doc. No. 17, 18, 19). The trial court accepted Sidey's no-contest plea, found him guilty, and dismissed the other charges. (Doc. Nos. 17, 18, 19).

         {¶6} Sidey filed his notice of appeal on May 29, 2019. (Doc. No. 20). He raises one assignment of error for our review.

         Assignment of Error

         The Trial Court Erred When It Overruled Defendant's Motion To Suppress By Determining That Based Upon The Evidence Adduced At The Hearing, There Was Reasonable Suspicion To Stop Defendant And That The Testimony Of The Officer Initiating The Stop, Alone, Was Sufficient To Establish Reasonable Suspicion For The Stop.

         {¶7} In his sole assignment of error, Sidey argues that the trial court erred by denying his motion to suppress evidence. In particular, he argues that the trial court erred by concluding that Sgt. Cooper had reasonable, articulable suspicion to believe that Sidey had committed a display of license plates, registrations, marks, placards, and stickers vehicle violation. We disagree.

         Standard ...


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