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State v. Roberts

Court of Appeals of Ohio, Fifth District, Fairfield

January 13, 2020

STATE OF OHIO Plaintiff-Appellee
v.
JOSHUA W. ROBERTS Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 2018-CR-00053

          For Plaintiff-Appellee DARCY T. COOK

          For Defendant-Appellant BRADLEY S. NICODEMUS

          Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Joshua W. Roberts, appeals the September 6, 2018 statement of facts and conclusions of law of the Court of Common Pleas of Fairfield County, Ohio, denying his motion to suppress. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On February 1, 2018, the Fairfield County Grand Jury indicted appellant on two counts of aggravated possession of drugs in violation of R.C. 2925.11, one count of possessing dangerous drugs in violation of R.C. 4729.51, one count of possessing drug paraphernalia in violation of R.C. 2925.14, and one count of driving under suspension in violation of R.C. 4510.16. Said charges arose from an investigatory stop.

         {¶ 3} On April 16, 2018, appellant filed a motion to suppress, challenging the stop. A hearing was held on July 26, 2018. At the conclusion of the hearing, the trial court denied the motion. The trial court journalized its decision via statement of facts and conclusions of law filed September 6, 2018.

         {¶ 4} On April 8, 2019, appellant pled no contest to the charges. By judgment entry of sentence filed April 9, 2019 and two nunc pro tunc judgment entries of sentence filed May 6 and 14, 2019, respectively, the trial court found appellant guilty and sentenced him to an aggregate term of twenty-four months in prison, only eight months imposed.

         {¶ 5} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         {¶ 6} "THE TRIAL COURT ERRED IN DETERMINING THE OFFICER HAD SUFFICIENT REASONABLE ARTICULABLE SUSPICION TO EFFECTUATE AN INVESTIGATORY TRAFFIC STOP."

         I

         {¶ 7} In his sole assignment of error, appellant claims the trial court erred in denying his ...


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