State v. Johnson, 2012 Ohio 5879

Appellant John Johnson was convicted by a jury of possessing a firearm while under a disability and a firearm specification, with a total sentence of nine years after revocation of prior community controls.
Appellant had prior 2009 forgery convictions (case 20090073) with three years of community control and a 2009 felonious assault conviction (case 20090083) with five years of community control; he was not imprisoned for either prior case.
In April 2011, a rifle theft investigation led to Appellant being observed with a firearm; the stolen rifle was found within ten feet of him, and he admitted possession but denied theft.
The Adams County Grand Jury indicted Appellant on weapon offenses; he was tried and convicted on both counts.
On appeal, Johnson challenges (1) the mandatory one-year gun specification term and (2) the trial court’s denial of his suppression motion; the appeals are consolidated in the Fourth District.
The court sustained the first assignment of error, vacated the one-year gun specification, and affirmed the remainder of the sentence; the judgment is affirmed in part and reversed in part.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the mandatory gun specification could be imposed	Johnson argues the second criterion (less than five years since release) was not met, so the one-year mandate does not apply.	Johnson maintains the court could not impose the one-year term due to lack of release/time in post-release control.	The one-year term vacated; gun specification not enforceable.
Whether the suppression ruling was correct	Appellant asserts the stop was based on an uncorroborated tip, violating rights.	State contends evidence supports reasonable suspicion; counsel’s performance not ineffective.	Suppression denial affirmed; no merit to the claim.

State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step sentence review; Kalish framework)
State v. Moman, 2009-Ohio-2510 (Ohio 2009) (intermediate appellate review; standard applications under Kalish)
State v. Stallings, 8th Dist. No. 97480, 2012-Ohio-2925 (Ohio 2012) (post-release control considerations)
McMann v. Richardson, 397 U.S. 759 (U.S. 1970) (ineffective assistance standard)
State v. Williams, 86 Ohio App.3d 37 (Ohio 1993) (general appellate standard of review for suppression/LAW)
State v. Colquitt, 188 Ohio App.3d 509 (Ohio 2010) (standard for reviewing suppression rulings)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance framework)
State v. Stallings, 2012-Ohio-2925 (Ohio 2012) (post-release issues in sentencing)