State v. Louis

Citations

• 2017 Ohio 8666

Syllabus

A final appealable order exists despite the trial court only issuing a single sentence for Appellant's three OVI offenses. Although the sentencing entries issued by the trial court are unclear, the record of the sentencing hearing indicates that the trial court merged the OVI offenses into one conviction on allied offense grounds and imposed a single sentence for that conviction. Additionally, the trial court did not err in overruling Appellant's motion to suppress evidence obtained as a result of his detainment following a traffic stop and his subsequent arrest. Contrary to Appellant's claim otherwise, Appellant's detainment and arrest were not unlawful seizures, as the totality of the circumstances indicate that the police officer on duty had a reasonable, articulable suspicion that Appellant was driving under the influence of alcohol and probable cause to arrest him. Lastly, Appellant's ineffective assistance claim fails because Appellant failed to establish that the outcome of the proceedings would have been different had his trial counsel filed a written brief in support of the arguments raised at the suppression hearing. Affirmed and remanded for the sole purpose of issuing a nunc pro tunc entry to correct the deficient sentencing entries.