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State v. Davidson

Court of Appeals of Ohio, Tenth District

December 24, 2019

State of Ohio, Plaintiff-Appellee,
v.
Travis C. Davidson, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 16CR-7033

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee.

          Yeura R. Venters, Public Defender, and Ian J. Jones, for appellant.

         Argued:

          Barbara A. Farnbacher.

          Ian J. Jones.

          DECISION

          BROWN, J.

         {¶ 1} This is an appeal by defendant-appellant, Travis C. Davidson, from a judgment of conviction and sentence entered by the Franklin County Court of Common Pleas finding him guilty, upon entry of a no contest plea, of carrying a concealed weapon and having a weapon under disability, following the trial court's earlier denial of appellant's motion to suppress.

         {¶ 2} On December 20, 2016, appellant was indicted on one count of carrying a concealed weapon, in violation of R.C. 2923.12, and one count of having a weapon while under disability, in violation of R.C. 2923.13. Count 2 of the indictment (having a weapon while under disability) alleged appellant was under indictment for a felony offense of violence, i.e., attempted aggravated arson. On January 24, 2018, appellant entered a plea of not guilty.

         {¶ 3} On March 16, 2018, appellant filed a motion to suppress. Plaintiff-appellee, State of Ohio, subsequently opposed the motion by memorandum contra. On April 25, 2018, the trial court conducted a hearing on the motion to suppress.

         {¶ 4} The sole witness at the suppression hearing was Columbus Police Officer David Moreau. On October 7, 2016, Officer Moreau was on third-shift patrol with another officer in the 12th precinct. At 12:06 a.m., the officers were dispatched to the area of Kelton and Livingston Avenues. The dispatch indicated a "known caller" had reported "two male blacks with black hoodies seen waving * * * firearms in the rear of the library." (Apr. 25, 2018 Tr. at 8.) The officers had just left the substation on Main Street, approximately two miles from the library, and were in a marked vehicle traveling "southbound on Miller Avenue towards the library." (Apr. 25, 2018 Tr. at 8.) They then turned and drove through "the alley just north of Livingston [Avenue]." (Apr. 25, 2018 Tr. at 8.)

         {¶ 5} Officer Moreau observed appellant walking northbound on Kelton Avenue, coming from the area of Livingston Avenue. Appellant "was on the sidewalk on the left side of the street." (Apr. 25, 2018 Tr. at 10.) As the officers "continued eastbound in the alley, [appellant] crossed to the east side of Kelton Ave[nue] * * * where [they] approached and stopped him." (Apr. 25, 2018 Tr. at 10.) Officer Moreau testified appellant matched the "description we were given" regarding "two male blacks wearing black hoodies in the area immediately behind the library, which is where we first saw the Defendant." (Apr. 25, 2018 Tr. at 12.) There was no one else in the area at the time.

         {¶ 6} Appellant had a backpack. The officers "began talking to him, asking if he saw anyone outside * * * waving handguns around or weapons." (Apr. 25, 2018 Tr. at 11.) Appellant stated "he did not." (Apr. 25, 2018 Tr. at 11.) Appellant became "nervous" and "started stuttering, kept just repeating over and over, I am just going ...


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