from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher,
R. Venters, Public Defender, and Ian J. Jones, for appellant.
Barbara A. Farnbacher.
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
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 ...