State v. McCrary

Citations

• 2026 Ohio 1263

Syllabus

WAIVER — RIGHT TO COUNSEL — SELF-REPRESENTATION — CRIM.R. 44 — SUFFICIENCY – MOTION TO SUPPRESS – PROBABLE CAUSE – DRUG OFFENSES: The trial court erred by failing to perform the necessary colloquy under Crim.R. 44(A) to determine whether defendant knowingly, intelligently, and voluntarily waived his right to counsel, where defendant was not apprised of the role of defense counsel, the nature of the charges and the statutory offenses included within them, the range of potential punishments, the possible defenses and mitigating circumstances, and all other essential facts that provide a comprehensive understanding of the whole matter. Defendant's convictions for trafficking and possession of a controlled substance were supported by sufficient evidence where the State presented evidence demonstrating that defendant both actually and constructively possessed and trafficked in the controlled substances. The trial court did not err in denying defendant's motion to suppress where an officer observed defendant conduct multiple hand-to-hand drug transactions, supplying probable cause for his arrest.