FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE Nos. 15CR092114 16CR093218
MICHAEL STEPANIK, Attorney at Law, for Appellant.
P. WILL, Prosecuting Attorney, and DANIELLELA BEARDEN,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO, PRESIDING JUDGE.
Appellant, Ziyad Hirbawi, appeals from his convictions for
trafficking and possession of drugs in the Lorain County
Court of Common Pleas. This Court affirms.
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.
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.
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
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
Mr. Hirbawi now appeals only from his trafficking and
possession convictions, and raises two assignments of error
for this Court's review.
OF ERROR ONE
CONVICTIONS FOR TRAFFICKING IN DRUGS AND POSSESSION OF DRUGS