State v. Allen

Citations

• 2019 Ohio 1797

Syllabus

The trial court did not err in overruling the appellant's motion to suppress a handgun found when police executed a warrantless search of an apartment he shared with his mother. The evidence supported the trial court's finding that the appellant's mother voluntarily consented to the search. The State presented legally sufficient evidence to prove the \possession\ element of having a weapon while under disability. Statements by the appellant's mother in jail telephone calls with him were not offered for the truth of the matter asserted and were not material to his guilt or innocence. Therefore, the statements were not hearsay or prejudicial, and no Confrontation Clause violation occurred at trial. Judgment affirmed.