State v. Johnson, 2013 Ohio 575

Defendant-appellant Paul Johnson challenged suppression and acquittal rulings, and challenged sentencing on two fifth-degree felonies (drug possession and possessing criminal tools).
Sgt. Hicks obtained a search warrant after Parker implicated Johnson; the warrant sought a firearm and related evidence; no firearms were found but cash, safe with cocaine residue, and various paraphernalia were seized.
Parker, cooperating with police, claimed Johnson fired on him; Parker had prior criminal history; the affidavit’s first paragraph described the shooting as independently corroborated, which Johnson attacked as false or reckless.
A suppression hearing occurred; the trial court denied suppression and the case went to jury; jury acquitted on most counts but Convicted Johnson only on drug possession and possession of criminal tools.
Johnson was sentenced to two consecutive 11-month prison terms; Johnson later challenged the sentence under HB 86 changes to R.C. 2929.13(B).
The appellate court reversed Johnson’s convictions and remanded to vacate them; it sustained the mandatory-community-control issues and addressed suppression and sufficiency rulings on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the search warrant invalid due to a material false statement in the affidavit?	Parker’s allegations, if false, taint probable cause.	False statement in paragraph one undermines probable cause.	Probable cause remained even if paragraph one was removed.
Were the currency and Johnson’s mail improperly seized under the warrant?	Items not described in the warrant should be suppressed.	Some items were admissible under plain view or warrant scope.	Currency and mail suppressed; other items upheld under warrant/plain view.
Was there sufficient evidence to convict Johnson of drug possession?	Sufficient evidence showed constructive possession and knowledge.	Insufficient link between drugs and Johnson; lack of knowledge; not in close proximity.	Conviction for drug possession is reversed for insufficiency.
Was there sufficient evidence to convict Johnson of possession of criminal tools?	Tools like glass bottles and cutting agents indicated intent to commit drug trafficking.	Items were not shown to be possessed by Johnson or tied to him; some items not lawfully seized.	Conviction for possession of criminal tools reversed for insufficiency.
Did the trial court err in sentencing Johnson under R.C. 2929.13(B)(1) regarding community control sanctions?	HB 86 requires community control if criteria are met.	Discretion to impose prison sentences may apply.	Court erred; sentences vacated and remanded for community-control sanction guidance.

State v. George, 45 Ohio St.3d 325 (1989) (probable cause standard and deference to magistrate in setting up probable-cause basis)
Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for probable cause)
Franks v. Delaware, 438 U.S. 154 (1978) (material falsity in warrant affidavit requires challenge and possible suppression)
State v. Williams, 55 Ohio St.2d 82 (1978) (plain-view doctrine—immediate apparent incriminating nature)
State v. Teamer, 82 Ohio St.3d 490 (1998) (knoweled possession and amount considerations in drug possession)