State v. Cola

Appellant, Albert J. Cola, appeals from the order of the trial court denying his motion for return of seized property. For the reasons set forth below, we reverse.

I

On May 16, 1988, appellant was indicted for one count of possession of cocaine in violation of R.C. 2925.03. Appellant eventually pleaded guilty to one count of attempted trafficking in drugs, a first degree misdemeanor and was fined $150. On May 30, 1989, appellant filed a “Motion for Return of Seized Property,” to wit: $3,134 in cash, personal papers, and a firearm, all of which were confiscated at the time of his arrest.

On July…