State v. Carpenter

Citations

• 2019 Ohio 4829

Syllabus

Defendant appeals conviction for possession of and trafficking heroin. Defendant was driver of a stolen vehicle. Police located large quantity of heroin under lid to vehicle's gas cap. Defendant's cellular phones contained text messages indicating sale of heroin. State did not violate defendant's constitutional or statutory speedy-trial rights where defendant was incarcerated 132 days before trial. Tolling events occurred, including motions filed by defendant and continuance because new counsel had a conflict with originally scheduled trial. 79 days of incarceration were chargeable to the state. Court did not plainly err in admitting text messages indicating that the defendant was selling heroin. The text messages, sent contemporaneously with when defendant was alleged to have been traveling in the vehicle that was transporting the narcotics, were inextricably related to crime charged and were admissible to show defendant's knowledge. Witnesses' testimony that she knew the defendant to routinely hide heroin \in the gas tank\ was admissible under Evid.R. 404(B) to show defendant's identity.