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State v. Smith

Citations

  • 2025 Ohio 679

Syllabus

The trial court did not err in denying appellant's motion to suppress because appellant voluntarily consented to the search of his backpack. The State presented sufficient evidence to support convictions on aggravated murder, murder, and aggravated burglary, and the jury's guilty verdicts were not against the manifest weight of the evidence. The State failed to provide sufficient evidence on each \alternate means\ of committing tampering with evidence where there was no evidence that appellant tampered with the gun. The trial court properly imposed sentence on a firearm specification for a count of aggravated murder that was merged into another count of aggravated murder. The record supports the conclusion that the trial court considered appellant's ability to pay restitution of nearly $10,000. Conviction for tampering with evidence reversed; in all other respects, judgment affirmed.

Judges: Epley

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