Court of Appeals of Ohio, Fifth District, Fairfield
from the Court of Common Pleas, Case No. 2018-CR-00053
Plaintiff-Appellee DARCY T. COOK
Defendant-Appellant BRADLEY S. NICODEMUS
W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E.
Wise, Jr., 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.
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,
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
6} "THE TRIAL COURT ERRED IN DETERMINING THE OFFICER HAD
SUFFICIENT REASONABLE ARTICULABLE SUSPICION TO EFFECTUATE AN
INVESTIGATORY TRAFFIC STOP."
7} In his sole assignment of error, appellant claims the
trial court erred in denying his ...