State v. Neely

Full title: STATE OF OHIO, Plaintiff-Appellee, v. TERRY J. NEELY, Defendant-Appellant

Court: Court of Appeals of Ohio, Fifth District, Ashland County

Date published: May 23, 2002

Facts

On February 18, 2001, Trooper Keener, from the Ohio State Highway Patrol, stopped the appellant and subsequently arrested him for driving under the influence of alcohol. During a search incident to arrest, Trooper Keener discovered a small bag containing cocaine in the appellant’s jacket pocket. On April 2, 2001, a bill of information was filed in the Ashland County Court of Common Pleas charging the appellant with possession of cocaine.

On April 23, 2001, the appellant filed a request for intervention instead of a conviction. The trial court ordered a psychiatric evaluation to determine the appellant’s eligibility for intervention instead of treatment. The trial court conducted a hearing, on June 4, 2001, to consider the appellant’s request.

Issue

Decision

For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Ashland County, Ohio, is affirmed.

Costs to the appellant.

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