State v. Terrell

Citations

• 2017 Ohio 7097
• 95 N.E.3d 870

Syllabus

The trial court did not err in denying Appellant's motion to suppress, since the facts in the affidavit supporting the search warrant provided a substantial basis for finding probable cause to believe that drugs likely were present in Appellant's hotel room. Appellant did not raise the particularity of the warrant or the scope of the search before the trial court, and plain error is not demonstrated. Appellant consented to the pat down search of his person and did not merely submit to a claim of authority. Officers properly entered Appellant's hotel room to secure it pending the warrant. Appellant's reliance upon State v. Gonzales, Slip Opinion No. 2016-Ohio-8319, is misplaced pursuant to State v. Gonzales, Slip Opinion No. 2017-Ohio-777, the applicable offense level for cocaine possession is determined by the total weight of the drug involved, including fillers, and Appellant's convictions are supported by sufficient evidence and not against the manifest weight of the evidence. The trial court did not commit plain error in failing to instruct the jury that the State was required to prove the amount of pure cocaine in the drug, excluding fillers, or in sentencing Appellant. Judgment affirmed.