State v. Marneros

Citations

• 2021 Ohio 2844

Syllabus

Turn signal lane change probable cause Fourth Amendment search and seizure motion to suppress properly denied sufficient evidence ineffective assistance of counsel expert witness qualified to testify regarding firearm operability manifest weight jury instruction constructive possession of a firearm maximum sentences proper sentence within statutory range. Officers had probable cause to effectuate a traffic stop when an officer witnessed the defendant pull out of a gas station onto a highway without using a turn signal in violation of the traffic code. Because there was probable cause, any motion to suppress alleging an improper stop would have been denied. Therefore, trial counsel was not ineffective for deciding not to file a motion to suppress. Similarly, counsel was not ineffective for failing to object to testimony regarding the operability of the firearm as the witness was qualified to do so. The defendant's convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. The trial court gave the correct jury instruction on constructive possession and its imposition of the maximum sentences within the proper statutory framework were not contrary to law.