STATE v. ALCORN

Appellate No. 23993.

2011 Ohio 2058

State of Ohio, Plaintiff-Appellee, v. Phillip J. Alcorn, Defendant-Appellant.

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

Rendered on April 29, 2011.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by JOHNNA M. SHIA , Atty. Reg. #0067685, 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.

CHRISTOPHER L. WESNER , Atty. Reg. #0082699, Chris Wesner Law office, LLC, 430 North Wayne Street, Piqua, Ohio 45356, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Phillip J. Alcorn appeals from his conviction and sentence, following a no-contest plea, upon one count of Possession of Heroin, and one count of Possession of Drug Paraphernalia. He contends that the trial court erred in overruling his motion to suppress, because the pat-down search leading to the discovery and seizure of the heroin and marijuana pipe was not based upon a reasonable belief that...

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