[Cite as State v. Penwell, 2021-Ohio-1216.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT CLARK COUNTY STATE OF OHIO : : Plaintiff-Appellee : Appellate Case No. 2019-CA-74 : v. : Trial Court Case No. 2018-CR-73 : DANIEL PENWELL : (Criminal Appeal from : Common Pleas Court) Defendant-Appellant : : ........... OPINION Rendered on the 9th day of April, 2021. ........... IAN RICHARDSON, Atty. Reg. No. 0100124, Assistant Prosecuting Attorney, Clark County Prosecutor’s Office, 50 East Columbia Street, Suite 449, Springfield, Ohio 45502 Attorney for Plaintiff-Appellee CHARLES M. BLUE, Atty. Reg. No. 0074329, 401 East Stroop Road, Kettering, Ohio 45429 Attorney for Defendant-Appellant ............. TUCKER, P.J. -2- {¶ 1} Defendant-appellant, Daniel Penwell, appeals from his conviction for one count of possession of a controlled substance, a fifth degree felony pursuant to R.C. 2925.11(A) and (C)(1)(a). Raising one assignment of error, Penwell argues that his conviction should be reversed because the trial court erred by overruling his motion to suppress evidence obtained during a search of his person. We find that the trial court properly overruled Penwell’s motion, and his conviction is therefore affirmed. I. Facts and Procedural History {¶ 2} On October 11, 2017, Penwell was admitted to Springfield Regional Medical Center to be treated for a possible overdose. Judgment Entry 1, Sept. 11, 2019. Officers Freeman and Sanders of the Springfield Police Division, who were already on the premises for an unrelated matter, were dispatched to speak with Penwell “in reference to his overdose.” Transcript of Proceedings on Motion to Suppress 4:24-5:6, Aug. 6, 2019 [hereinafter Transcript]. The officers were told that medical personnel had administered Narcan to Penwell and that he had responded favorably to the treatment. Id. at 5:7-5:21 and 11:18-12:4. {¶ 3} When the officers approached him, Penwell lay on a bed in a corridor in the emergency department. Id. at 8:1-10:21; Judgment Entry 1. The officers spoke with him, and Officer Freeman asked him whether he had consumed any illicit drugs and requested permission to search his person. Transcript at 5:7-6:4. Penwell consented. Id. The officers did not deliver a Miranda warning because Penwell “wasn’t under arrest” and gave his consent to the search. Id. at 6:10-7:10. {¶ 4} In a pocket in Penwell’s pants, Officer Freeman found two capsules, “one of which was empty and [the other of which] had a tan substance in it.” Id. at 6:5-6:9. -3- Chemical analysis later revealed that the tan substance was Carfentanil, a Schedule II drug. Judgment Entry 2; Ohio Adm.Code 4729:9-1-02(B)(6).1 The amount of the drug recovered was 0.10 grams, which was less than the statutory “bulk amount.” Judgment Entry 2; R.C. 2925.01(D)(1)(d);2 Ohio Adm.Code 4729:9-1-02(B)(6). {¶ 5} On January 29, 2018, a Clark County grand jury issued an indictment against Penwell, charging him with one count of aggravated possession of a controlled substance in violation of R.C. 2925.11(A). Penwell pleaded not guilty at his arraignment on June 25, 2019, and on July 29, 2019, he moved to suppress the evidence found on his person …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals