Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Gross

Court of Appeals of Ohio, Fifth District, Coshocton

December 23, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DANIEL GROSS Defendant-Appellant

          Criminal appeal from the Coshocton County Court of Common Pleas, Case No. 19CR0005

         JUDGMENT: Affirmed

          For Plaintiff-Appellee JASON GIVEN

          For Defendant-Appellant KEVIN J. GALL

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Patricia A. Delaney, J.

          OPINION

          GWIN, P.J.

         {¶1} Defendant-appellant Daniel Gross ["Gross"] appeals his conviction and sentence after a jury trial in the Coshocton County Court of Common Pleas.

         Facts and Procedural History

         {¶2} On January 4, 2019, Detective Seth Andrews with the Coshocton County Sheriffs Department initiated a traffic stop on a vehicle after observing multiple marked lanes violations. Upon approaching the vehicle, Detective Andrews identified Gross as the driver, Toby Mizer, in the front passenger seat, and Kaylee Clough, in the back seat.

         {¶3} While speaking with the occupants of the vehicle, Detective Andrews observed a large bag of suspected methamphetamine located on the floorboard between the passenger, Toby Mizer's legs. Detective Andrews ordered Gross and Mizer to place their hands on the vehicle's dashboard and ordered Clough to place her hands on the ceiling. Toby Mizer refused to abide by the commands and subsequently exited the vehicle and began walking away from the scene. Detective Andrews apprehended him, placed him under arrest, and put him in the backseat of the patrol car. Gross and Clough were arrested. The vehicle was secured and law enforcement obtained a search warrant to search the vehicle. In addition to the suspected methamphetamine found on the passenger's side floorboard, a smoking pipe and syringe were found, as well as loose shards of suspected methamphetamine on the driver side floorboard and seat.

         {¶4} Gross was transported to the Sheriff's department where he complained of hallucinations and an increased heart rate. Gross was subsequently transported to the hospital for medical attention. Hospital records revealed that Gross had methamphetamine in his system.

          {¶5} The methamphetamine found on the passenger side floorboard was sent to the Bureau of Criminal Investigation and found to be 33.57 grams of methamphetamine. The suspected methamphetamine found on the driver's side floorboard and seat was determined to be 0.54 grams of methamphetamine.

         {¶6} During the jury trial, the state presented evidence of recorded phone calls Gross made while he was incarcerated. On a recorded jail phone call, Gross can be heard talking to an unknown female. See, State's Exhibit 14. During that phone call, Gross indicates that he ingested the methamphetamine that he had on his person. Gross further indicates that he was aware and had knowledge of the methamphetamine that was located on the front passenger floorboard of Gross's motor vehicle.

         {¶7} Gross was indicted by the Coshocton County Grand Jury on January 28, 2019 for one count of Aggravated Possession of Drugs in violation of R.C. 2925.11(A)(C)(1 (c), a felony of the second degree. The case proceeded to jury trial on June 20, 2019. Following the presentation of evidence, Gross was found guilty of the single count ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.