FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE Nos. CR-2017-06-2282 CR-2018-10-3544
M. KILLE, ATTORNEY AT LAW, FOR APPELLANT.
BEVAN WALSH, PROSECUTING ATTORNEY, AND JACQUENETTE S. CORGAN,
ASSISTANT PROSECUTING ATTORNEY, FOR APPELLEE.
DECISION AND JOURNAL ENTRY
S. CALLAHAN JUDGE
Appellant, Joseph Sprouse, appeals his convictions by the
Summit County Court of Common Pleas. This Court affirms.
On October 19, 2018, while working the nightshift, two Akron
police officers noticed a man who appeared to be slumped over
the steering wheel of a car in the parking lot of a bar and
strip club in the North Hill neighborhood of Akron. When they
drove past the man's location a second time, the officers
determined that they should stop to check the man's
welfare. When they approached the car, the officers found a
dog sitting in the passenger seat next to Mr. Sprouse, who
was seated in the driver's seat. They engaged Mr. Sprouse
in conversation and found his speech and manner to be
sluggish, raising concern that he may have been suffering an
opioid overdose. One of the officers also noticed a full
syringe ready for use in a door compartment next to Mr.
Sprouse. After the officers located the owner of the dog in
the nearby business and removed the dog from the vehicle,
they conducted a search of the car's interior. On the
back seat, directly behind the driver's seat, they found
a bag that contained a substance that they suspected to be
methamphetamine and a case containing various items necessary
for using drugs.
Mr. Sprouse was charged with two counts of aggravated
possession of drugs in violation of R.C. 2925.11(A) and with
one count of possessing drug abuse instruments in violation
of R.C. 2925.12(A)/(C). A jury found Mr. Sprouse guilty of
each charge. The trial court ordered Mr. Sprouse to serve
eighteen months of community control and imposed a ninety-day
j ail term for the charge of possessing drug abuse
instruments, which was suspended provided that Mr. Sprouse
successfully complete his period of community control.
Mr. Sprouse appealed, raising two assignments of error.
As a result of the charges in this case, Mr. Sprouse was also
charged with a community control violation in an earlier
case. After Mr. Sprouse pleaded guilty to the community
control violation, the trial court extended his period of
community control in that case for eighteen months,
consistent with the period of community control imposed in
this case. Mr. Sprouse appealed both judgments, and this
Court consolidated his appeals. His appellate brief, however,
does not assign any errors related to the community control
violation. Because Mr. Sprouse has not demonstrated any error
in connection with that appeal, the trial court's
judgment in the community control violation case is affirmed
on that basis.