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


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.



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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