State v. Calimeno
2013 Ohio 1177
Ohio Ct. App.2013Background
- Defendant Calimeno and codefendant Perez were charged with burglary, theft, and vandalism based on a series of events in October 2011.
- A traffic stop in Tennessee led to a vehicle search after consent was obtained from Calimeno; contraband and property linked to a Brecksville, Ohio, victim (Jennie Wee) were found.
- Police linked items from the vehicle to Wee’s residence, which had been burglarized and ransacked the day before.
- Additional investigative steps included Home Depot video, motel room records, and a dumpster search that yielded more Wee-related documents and a safe.
- Calimeno was arrested in Tennessee within 24 hours of Wee’s burglary, and the Brecksville police corroborated the connection to Wee’s property.
- The trial court denied suppression of physical evidence and excluded only custodial statements; Calimeno was convicted by a jury and sentenced to three years with restitution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the convictions are supported by sufficient/sufficient-evidenced proof | Calimeno argues no direct evidence ties him to entry | Calimeno argues lack of direct proof; relies on circumstantial chain | Convictions sustained; circumstantial evidence adequate |
| Whether the initial Tennessee stop/continuation and subsequent search were lawful | State contends reasonable suspicion justified continued detention and consent valid | Calimeno contends stop/search invalid absent solid justification | Stop valid; consent/search upheld under totality of circumstances |
| Whether consent to search was voluntary | State maintains consent freely given | Calimeno asserts coercion/duress not shown | Consent voluntary; search valid |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (sufficiency standard; rational juror may convict on circumstantial evidence)
- State v. Bice, 2009-Ohio-4672 (12th Dist. Ohio) (unexplained possession of recently stolen property supports inference of burglary/Theft)
- State v. Nevius, 147 Ohio St. 263 (1947) (circumstantial evidence may establish the crime beyond reasonable doubt)
- State v. Studley, 2011-Ohio-5563 (2d Dist.) (allowance of detainment beyond stop if additional reasonable suspicion arises)
- United States v. Jimeno, 500 U.S. 248 (1991) (scope of consent to search is judged by objective reasonableness)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (voluntariness of consent evaluated by totality of circumstances)