State v. Rivera

Full title: State of Ohio, Plaintiff-Appellee, v. Luis Rivera, Defendant-Appellant

Court: Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: May 18, 2006

2006 Ohio 2460 (Ohio Ct. App. 2006)

Opinion

No. 86691.

DATE OF ANNOUNCEMENT OF DECISION: May 18, 2006.

Criminal appeal from Court of Common Pleas, Case No. CR-458290.

Affirmed.

William D. Mason, Cuyahoga County Prosecutor, Isadora Almaro, Assistant, 1200 Ontario Street, Cleveland, Ohio 44113, for Plaintiff-Appellee.

Paul B. Daiker, Zukerman, Daiker Lear Co., 2000 East Ninth Street, #700, Cleveland, Ohio 44115, for Defendant-Appellant.

JOURNAL ENTRY and OPINION

COLLEEN CONWAY COONEY, P.J.:

{¶ 1} Defendant-appellant, Luis Rivera ("Rivera"), appeals the trial court's denial of his motion to suppress. Finding no merit to the appeal, we affirm.

{¶ 2} In 2004, Rivera was charged with one count of possession of drugs, two counts of drug trafficking, and one count of possession of criminal tools. Rivera filed a motion to suppress and, after a hearing, the court denied his motion. Rivera pled no contest to all charges and was found guilty by the court. He was sentenced to two years in prison.

{¶ 3} The following evidence was presented at the motion to suppress hearing. In September 2004, Detective Norman of the Cleveland Police Department was conducting surveillance at 3448 West 59th Street due to numerous complaints of heroin sales. He observed a Nissan pull int