State v. Stoermer

Citations

• 2018 Ohio 4522

Syllabus

The trial court did not err by overruling Appellant's motion to suppress. The warrantless \search\ that led to the evidence was permitted under the community-caretaking exception. The trial court did not err in finding that the trafficking and possession offenses based on cocaine found in Appellant's pocket when he was arrested did not merge with the trafficking and possession offenses based on the cocaine later found in a car in the driveway when a search warrant was executed. The two sets of offenses were committed separately. Finally, Appellant fails to establish a claim for ineffective assistance of counsel. Trial counsel's decision not to object to references to Appellant's pretrial incarceration was reasonable. Counsel was not ineffective for trying the charge of having weapons under disability to the jury rather than to the court. Appellant himself testified about his prior convictions. There is no evidence that his decision to testify was encumbered by counsel's decision, and the trial court gave the jury a limiting instruction. Counsel also was not ineffective for eliciting testimony about Appellant's prior contacts with law enforcement or for not objecting to opinion testimony from a police officer. The testimony was not prejudicial. Judgment affirmed.