State v. Davison

Citations

• 2021 Ohio 728

Syllabus

The trial court did not err in allowing testimony about \pinging\ of appellant's cell phone that occurred before police obtained a warrant. Appellant failed to raise the issue through a pretrial suppression motion, thereby waiving all but plain error. In any event, exigent circumstances justified the warrantless pinging, and police acted in good-faith reliance on then-existing precedent that allowed warrantless pinging. The jury's finding that appellant acted with prior calculation and design when he killed one of his victims was supported by legally sufficient evidence and was not against the manifest weight of the evidence. The trial court erred in merging the offenses of discharging a firearm on or near a prohibited premises and aggravated murder. The doctrine of merger did not apply because the two offenses were of dissimilar import or significance. The trial court erred in merging each of appellant's three-year firearm specifications into one. The trial court was required to impose a sentence on two of the three-year firearm specifications pursuant to R.C. 2929.14(B)(1)(g). Judgment affirmed in part, reversed in part, and remanded for resentencing.