State v. Sturgill

• Decision Date: 16 December 2022
• Docket Number: 22-COA-011
• Parties: STATE OF OHIO Plaintiff-Appellee v. VERONICA STURGILL Defendant-Appellant
• Court: Ohio Court of Appeals

2022-Ohio-4574

STATE OF OHIO Plaintiff-Appellee
v.
VERONICA STURGILL Defendant-Appellant

No. 22-COA-011

Court of Appeals of Ohio, Fifth District, Ashland

December 16, 2022

CHARACTER OF PROCEEDINGS: Appeal from the Ashland County Court of Common Pleas, Case No. 21-CRI-041

For Plaintiff-Appellee CHRISTOPHER R. TUNNELL, ESQ. Ashland County Prosecuting Attorney NADINE HAUPTMAN, ESQ. Assistant Prosecuting Attorney

For Defendant-Appellant JUSTIN WEATHERLY, ESQ. Henderson, Mokhtari, & Weatherly

JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Patricia A. Delaney, J.

OPINION

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HOFFMAN, J.

{¶1} Defendant-appellant Veronica Sturgill appeals the judgment entered by the Ashland County Common Pleas Court convicting her following her pleas of no contest to possession of cocaine (R.C. 2925.11(A),(C)(4)(d)), corrupting another with drugs (R.C. 2925.02(A)(4)(a), (C)(3)(a)), and trafficking in marijuana (R.C. 2925.03(C)(3)(a),(b)), and sentencing her to an aggregate prison term of two to three years. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On June 18, 2020, Officer Leah Zeisler of the Ashland Police Department saw a group of girls walking in a Taco Bell parking lot after the City of Ashland's juvenile curfew of midnight. Two of the girls were Appellant's minor daughters. When Ofcr. Zeisler took the girls home to Appellant's apartment, she noted a strong odor of marijuana in the home, and observed marijuana and assorted drug paraphernalia in Appellant's living room. Appellant admitted to Ofcr. Zeisler she smoked marijuana, and her minor daughters also smoked marijuana. The officer contacted Ashland County Children's Services, and a safety plan was put into place.

{¶3} On March 3, 2021, Ashland Police received a complaint of marijuana smoke emanating from Appellant's apartment, and wafting into nearby apartments. Officer Geisler responded, along with Officer Kyle Dress and Officer Lee Eggeman. Although one of Appellant's daughters was 18 years old at this time, the younger daughter was 12 years old. While en route to Appellant's home, Ofcr. Zeisler briefed Ofcr. Dress concerning the incident in June of 2020.

{¶4} As the officers approached Appellant's apartment, they noted a heavy odor of marijuana. Ofcr. Dress knocked on the door. Although officers could hear people

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scurrying inside and saw the door handle turn to open before closing again, no one came to the door. After several minutes of knocking, Appellant appeared, opened the front door, and stepped outside to the stoop, quickly closing the door behind her.

{¶5} Ofcr. Dress asked Appellant why it took so long to answer the door. Appellant replied she did not hear him knock because she was upstairs listening to music. He advised her as to why the officers were there, noting they could smell marijuana coming from the house, which Appellant denied. Officer Dress next asked Appellant if there were children inside the house. Appellant confirmed her two children were in the house, as well as a juvenile friend of her daughters from school.

{¶6} Ofcr. Dress told Appellant they would like to check the house. Appellant responded they could not come in the house without a warrant. Ofcr. Dress asked Appellant if she wanted Children's Services involved. A conversation ensued, in which Appellant asked Ofcr. Dress what he wanted to do. He stated he wanted to go inside. Appellant paused, then said "Okay." Supp. Tr. 31. Once inside the residence, police found marijuana, drug paraphernalia, and cocaine.^[1]

{¶7} Appellant was indicted by the Ashland County Grand Jury with possession of cocaine, corrupting another with drugs, and trafficking in marijuana.

{¶8} Appellant filed a motion to suppress evidence taken from her home. The trial court overruled the motion, finding exigent circumstances existed for the warrantless entry to the home, and further found Appellant consented to the entry.

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{¶9} Appellant thereafter entered pleas of no contest to all charges, and was convicted. The trial court sentenced Appellant to two to three years incarceration for possession of cocaine, fifteen months incarceration for corrupting another with drugs, and six months incarceration for trafficking in marijuana, to be served concurrently for an aggregate term of incarceration of two to three years. It is from the March 22, 2022 judgment of the trial court Appellant prosecutes her appeal, assigning as error:

THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION TO SUPPRESS WHEN IT FOUND THAT THE SEARCH OF APPELLANT'S HOME WAS PREDICATED ON PROBABLE CAUSE AND WAS THE RESULT OF VOLUNTARY CONSENT

{¶10} In her sole assignment of error, Appellant argues the trial court erred in overruling her motion to suppress. She...