Pubdate: Thu, 30 Nov 2000
Source: Akron Beacon-Journal (OH)
Copyright: 2000 by the Beacon Journal Publishing Co.
Contact:  http://www.ohio.com/bj/
Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?abeacon
Author: Marilyn Miller, Beacon Journal staff writer

OUT OF GAS, UP THE RIVER

Bad-Luck Passenger Convicted In Medina County

Leaving a disabled vehicle on the highway is a sure way to get
the attention of a state trooper. And that attention cost 21-year-old
Cathlean Robinson of Cleveland 10 years in prison yesterday.

Robinson was a passenger in a van that ran out of gas on Interstate 71
in Harrisville Township in southwestern Medina County. She was charged
with possession of crack cocaine after a State Highway Patrol trooper
discovered 122 grams of the drug in her purse.

On May 23, Robinson and two other women were on their way to Cleveland
when they ran out of gas. They were walking along the interstate, each
carrying gas cans, when a trooper stopped them about a mile from the
van.

The trooper told the women he could take only one of them to a gas
station because he had a drug dog in the back of the cruiser. He gave
a ride to the van's driver and radioed for another trooper to pick up
the other two women.

When the second trooper arrived, he told the women that he would take
them back to their van, but he had to search their purses for weapons
before they could get into the patrol car.

The trooper found crack in Robinson's purse and a small amount of
marijuana in the purse of the other woman.

Robinson was charged with a minor misdemeanor of possession of
marijuana.

After Robinson's arrest, her lawyer filed a motion to suppress
evidence in the case, contending that the search was unconstitutional
because Robinson did not know she had the right to refuse it and
because the officer was intimidating with a gun and uniform.

The prosecution argued that the trooper was with the women to take
them to their van, not because he suspected them of criminal activity.

Medina County Common Pleas Judge James L. Kimbler rejected the defense
motion, concluding that Robinson voluntarily consented to the search.

On Sept. 15 Robinson pleaded no contest to the possession charge and
was found guilty.

Yesterday, Tammy Bonner, a chemist with the highway patrol, testified
in Robinson's sentencing hearing that under state law, someone who
possesses more than 1,000 grams of powdered cocaine or 100 grams of
crack cocaine is considered a major drug offender. Conviction as a
major drug offender carries a mandatory 10-year sentence. Kimbler
declined to impose an additional sentence of one to 10 years possible
under the majordrug-offender law because of Robinson's age and lack of
a prior offense.
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