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. Hirbawi

Court of Appeals of Ohio, Ninth District, Lorain

January 13, 2020

STATE OF OHIO Appellee
v.
ZIYAD HIRBAWI Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE Nos. 15CR092114 16CR093218

          MICHAEL STEPANIK, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and DANIELLELA BEARDEN, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO, PRESIDING JUDGE.

         {¶1} Appellant, Ziyad Hirbawi, appeals from his convictions for trafficking and possession of drugs in the Lorain County Court of Common Pleas. This Court affirms.

         I.

         {¶2} The Lorain Police Department began investigating a local convenience store ("611 Market") owned by Mr. Hirbawi for allegedly buying and selling stolen merchandise. The police conducted five controlled sales of purportedly stolen merchandise to the store and, in turn, obtained a search warrant for the premises. During execution of the search warrant, the police seized a cigar box containing all twenty-dollar bills next to a large plastic bag containing a vegetable-like matter thought to be the illegal type of the drug "spice" from inside a cubbyhole, under an unused deli counter, in the back corner of the store. The substance was later identified by the crime lab as AB-CHMINACA, an illegal, synthetic cannabinoid.

         {¶3} The Elyria Police Department also began its own investigation into 611 Market following several overdoses from spice. They conducted a controlled buy of spice from Mr. Hirbawi at his store, and thereafter obtained a search warrant for 611 Market. During execution of the search warrant, the police discovered vegetable matter thought to be synthetic marijuana, packaging materials, a scale, a bottle of acetone, and cash. The vegetable matter was later identified by the crime lab as AB-CHMINACA.

         {¶4} Mr. Hirbawi was charged in case number 15CR092114 with one count of trafficking in drugs, a felony of the second degree, one count of possession of drugs, a felony of the second degree, one count of trafficking in drugs, a felony of the fourth degree, and one count of drug paraphernalia offense, a misdemeanor of the fourth degree. In case number 16CR093218, he was charged with one count of trafficking in drugs, a felony of the second degree, one count of possession of drugs, a felony of the second degree, one count of receiving stolen property, a felony of the fifth degree, and one count of possession of criminal tools, a felony of the fifth degree.

         {¶5} The two cases were consolidated and the matter proceeded to a bench trial. The trial court ultimately found Mr. Hirbawi guilty of all counts. The court sentenced him to an aggregate total of two years in prison, but granted his motion for bond pending appeal.

         {¶6} Mr. Hirbawi now appeals only from his trafficking and possession convictions, and raises two assignments of error for this Court's review.

         II.

         ASSIGNMENT OF ERROR ONE

         APPELLANT'S CONVICTIONS FOR TRAFFICKING IN DRUGS AND POSSESSION OF DRUGS ...


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.