STATE v. DANIELS

Appellate No. 22681.

2009 Ohio 2318

State of Ohio, Plaintiff-Appellee, v. Ricky W. Daniels, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on May 15, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, JR., by Kelly D. Crammer, Atty. Reg. #0079994, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Kelie M. Niswonger, Flanagan, Lieberman, Hoffman & Swaim, 318 West Fourth Street, Dayton, Ohio 45402, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Ricky Daniels appeals from his conviction of one count of possession of cocaine pursuant to his no contest plea. The facts underlying his conviction are as follows:

{¶ 2} On March 15, 2006, Ohio State Trooper David Brown was on duty for the 8:00 p.m. to 4:00 a.m. shift with a field training officer, Trooper Brimah. (Tr. 6.) At approximately 2:41 a.m., Brown and Brimah observed a minivan...

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