State v. Brefford

Citations

• 2025 Ohio 4436

Syllabus

MOTION TO SUPPRESS — INEFFECTIVE ASSISTANCE OF COUNSEL — AGGRAVATED ROBBERY — ASSAULT — CARRYING CONCEALED WEAPON — EVIDENCE — SUFFICIENCY — MANIFEST WEIGHT — SENTENCING — MULTIPLE FIREARM SPECIFICATIONS — R.C. 2929.14(B)(1)(g): The trial court did not err in denying defendant's motion to suppress evidence discovered during an investigatory stop where evidence established that officers had reasonable suspicion for extending the consensual encounter with defendant in order to investigate whether criminal activity was afoot based on the overwhelming odor of raw marijuana emanating from defendant's person and defendant's presence in front of a known drug house in a high crime area operated by a known gang, use of multiple bags and a bicycle (consistent with persons selling narcotics), nervous behavior when questioned about the marijuana odor, and multiple denials of marijuana possession before attempting to flee. Defendant did not receive ineffective assistance of counsel based on his trial counsel's failure to move for discharge based on statutory speedy trial grounds and failure to object to the trial court's answers to jury's question about the carrying a concealed weapon jury instruction where defendant failed to establish he was prejudiced by trial counsel's purported failures. Defendant's convictions for aggravated robbery, assault with firearm specification, and carrying a concealed weapon were supported by sufficient evidence and are not contrary to the manifest weight of the evidence where defendant admitted to carrying a partially concealed firearm in his waistband and the officers' testimony and body-worn camera footage showed defendant's physical altercation with officers during which a firearm fell from defendant's person onto the ground and a prolonged struggle over the firearm ensued. At sentencing, trial court did not err in exercising its discretion to impose mandatory prison sentences for each of the three firearm specifications under R.C. 2929.14(B)(