State v. Washington

Citations

• 2022 Ohio 1426

Syllabus

Appellant was convicted of two counts of having weapons while under disability, one count each of aggravated robbery and felonious assault, and several other offenses, some of which contained gun specifications. The charges arose out of four separate incidents within two days. The trial court did not err in denying appellant's motion to suppress statements he made following his apprehension. The trial court also did not err in denying his motion to dismiss on speedy trial grounds or his primary attorney's motion to withdraw, which was made on the morning of trial. The trial court did not abuse its discretion in allowing the jury to hear a recorded jail phone call or in permitting two law enforcement officers to testify about the extraction of data from appellant's cell phone and of information from the fitness app contained on the phone. The record does not demonstrate that a witness was intoxicated during her testimony. Appellant's convictions were based on sufficient evidence and were not against the manifest weight of the evidence. The trial court did not err in failing to merge the two counts of having weapons while under disability. It also properly did not merge the felonious assault with the aggravated robbery. Judgment affirmed. (Donovan, J., concurring in part and dissenting in part.)