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WARREN -- A Warren man convicted of drug charges in 2022 had an appeal of his sentence denied by the 11th District Court of Appeals.
Ezara Shine Jr., 56, formerly of Jackson Street SW, stood trial for two days in Trumbull County Common Pleas Court and was found guilty in May 2022 of illegal conveyance of drugs into the jail and possession of crack cocaine. He was sentenced by former Judge W. Wyatt McKay to 30 months in prison.
Two errors by the court were alleged in the appeal by Shine's attorney to the appellate judges, in which his legal counsel sought a relief from conviction. One of those errors entails a denial by the court to suppress evidence regarding a statement that Shine gave to police officers following his arrest on July 12, 2019.
While being processed into jail, Shine had denied carrying drugs. The defendant alleged that his Fifth Amendment rights had been violated but the appellate court found no such violation.
A second error cited by Shine's legal counsel claimed that the defendant was convicted by jurors with a lack of evidence. His defense attorney, Michael Partlow stated that contraband found on Shine was not discovered by a search of arresting officers or correction officers at the jail.
The higher court contested that the plastic bag, which contained cocaine, was later found by a detective after Shine had removed his shoes and socks.
"There was sufficient, credible circumstantial evidence that it was in appellant's shoe when he entered the jail. The jury did not lose its way…" wrote Judge Eugene A. Lucci. He was backed by colleagues Judges John J. Eklund and Matt Lynch in affirming Shine's conviction and sentence.
Shine is incarcerated at Noble Correctional Institution. His expected released date will be in October 2024.
The case was argued before the 11th District panel by defense attorney Partlow of Stow and Trumbull County Assistant Prosecutor Ryan Sanders.