State v. Curtis

129 N.E.3d 961, 2019 Ohio 499
CourtCourt of Appeals of Ohio, Seventh District, Belmont County
DecidedJanuary 25, 2019
DocketNo. 18 BE 0007
StatusPublished
Cited by3 cases

This text of 129 N.E.3d 961 (State v. Curtis) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Seventh District, Belmont County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Curtis, 129 N.E.3d 961, 2019 Ohio 499 (Ohio Super. Ct. 2019).

Opinion

Robb, J.

{¶1} Defendant-Appellant Rodney Curtis appeals from his three drug trafficking and two drug possession convictions entered in Belmont County Common Pleas Court. Four issues are raised in this appeal. First, Appellant argues the trial court erred in denying the motion to suppress; he contends there was no probable cause to obtain a search warrant. Next, he asserts when it was discovered during trial that the state failed to disclose a recorded interview between the investigator from the State of Ohio Board of Pharmacy and the confidential informant's mother, the trial court should have either granted his motion for mistrial or his motion for continuance. Third, Appellant argues the trial court erred when it denied his request for a jury instruction on the affirmative defense of entrapment. Last, Appellant contends the trial court erred during sentencing when it failed to advise him of the possible penalties for violating the terms of his community control sanction. For the reasons enumerated below, all arguments are meritless and the convictions are affirmed.

*965Statement of the Facts and Case

{¶2} Appellant is a urologist with an office in St. Clairsville, Ohio. Ashley Padgett, who has a degree in surgical technology, worked for Appellant for approximately two years. Her employment with him ended the last week of March 2016. The two were romantically involved for a period of time while she was working for him; their relationship ended in December 2015.

{¶3} When Padgett left his employment she either took a prescription pad or she was given one by Appellant. She wrote approximately 24 prescriptions for Percocet and used those scripts to buy Percocet from local pharmacies. This eventually caused the State of Ohio Board of Pharmacy to investigate. In April 2017, she was interviewed by Leslie Arnold from the Pharmacy Board and Officers Starkey and West from the Martins Ferry Police Department and the Belmont County Major Crimes Unit. Padgett admitted to writing the scripts and she was informed she would be charged for that criminal activity.

{¶4} During the interview, Padgett was asked about becoming a confidential informant and asked if she would try to buy drugs from Appellant. She agreed to become a confidential informant; she indicated Appellant knew about her drug problem and while she was working for him he had given her Adderall.

{¶5} Two controlled buys occurred and were recorded. The first buy occurred on April 26, 2016 at Appellant's home in St. Clairsville, Ohio. She bought three Adderall pills from Appellant for $ 36. The following day, April 27, 2016, Padgett attempted another controlled buy from Appellant for five pills for $ 60. This time it was supposed to occur at his office, but ended up occurring at his residence. Appellant did not have the agreed amount of drugs, so he gave her one Adderall and half a Suboxone. Appellant did not take any money from Padgett for these pills.

{¶6} These controlled buys provided the basis for a warrant to search Appellant's residence. The search occurred on April 28, 2017. During the search an Ice Breaker's case was found containing pills. In total eight pink pills, Adderall (Amphetamine ), and a piece of one white pill, Suboxone (Buprenorphine ) were found.

{¶7} As a result of the investigation, controlled purchases, and the search of Appellant's residence, Appellant was indicted for three counts of trafficking, two in violation of R.C. 2925.03(A)(1)(C)(1)(a) and one in violation of R.C. 2925.02(A)(1)(C)(2)(a). The first two were fourth-degree felonies. The last one was a fifth-degree felony. Appellant was also indicted for two counts of possession, one in violation of R.C. 2925.11(A)(C)(1)(a), a fifth-degree felony and one in violation of R.C. 2925.11(A)(C)(2)(a), a first-degree misdemeanor.

{¶8} Prior to trial, Appellant moved to suppress the items found during the search of the residence arguing the officers failed to obtain a valid search warrant. 12/18/17 Motion to Suppress. Following a hearing, the motion was denied. 1/11/18 Suppression Tr.; 2/6/18 Findings of Fact and Conclusions of Law on Denial of Motion to Suppress.

{¶9} At trial, Appellant stipulated he gave the drugs to Padgett on April 26 and 27, 2017. 1/27/18 Trial Tr. 346-347. Appellant sought to prove the affirmative defense of entrapment.

{¶10} At trial, Padgett testified that while she did not have a physical relationship with Appellant after she quit working for him in March 2016, she continued to communicate with him. Padgett claimed after she quit working for Appellant she purchased Adderall from him. She additionally *966stated that in January or February 2014, when she was working for him, Appellant introduced her to the drug and gave her the drug while she was working for him. The recordings of the controlled purchases were played for the jury.

{¶11} The jury found Appellant guilty of all offenses. The court sentenced him to an aggregate sentence of five years of community control to include a six-month jail sentence and a six-month sentence at Eastern Ohio Correction Center. 2/8/18 J.E.; 2/8/18 Sentencing Tr. 6-9. He received five years of community control which included a six-month jail sentence and a six-month sentence at Eastern Ohio Correction Center for each of the trafficking convictions and for the fifth-degree felony possession conviction. 2/8/18 J.E.; 2/8/18 Sentencing Tr. 6-7. For the misdemeanor possession conviction he received a six-month jail sentence. 2/8/18 J.E.; 2/8/18 Sentencing Tr. 9. The trial court ordered the sentences to be served concurrent to each other. 2/8/18 J.E.; 2/8/18 Sentencing Tr. 7. At the sentencing hearing and in the sentencing judgment entry the trial court notified Appellant that if he violated community control he would be sentenced to an 18-month prison term. 2/8/18 J.E.; 2/8/18 Sentencing Tr. 7.

{¶12} Appellant timely appealed his conviction.

First Assignment of Error

"The trial court erred by overruling Defendant-Appellant's motion to suppress because there was no probable cause to obtain a search warrant."

{¶13} Appellant contends the basis for the search warrant was statements made by Ashley Padgett to law enforcement and the two controlled buys. He contends that when law enforcement requested the search warrant it withheld facts in order to obtain the warrant. For instance, he claims the issuing judge was not informed that Padgett had not had a romantic relationship with Appellant for over a year when the controlled purchase was arranged. Likewise, he contends the court was not informed Padgett allegedly had no contact with Appellant for over a year prior to the controlled buys. He asserts the court was not told of the statements law enforcement personnel told Padgett to use to get Appellant to sell her the drugs; the statements were to use his love for her and that she could convince him to take this risk that was so significant. Appellant argues the withholding of all this information indicates the search warrant was not based on probable cause.

{¶14} The Fourth Amendment of the United States Constitution provides that, "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Fourth Amendment, however, does not contain any "provision expressly precluding the use of evidence obtained in violation of its commands."

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Cite This Page — Counsel Stack

Bluebook (online)
129 N.E.3d 961, 2019 Ohio 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-curtis-ohctapp7belmont-2019.