State v. Walters, 2011 Ohio 6247

Walters was convicted of having a weapon under disability, receiving stolen property, and possessing drug paraphernalia after police recovered items from his residence following robberies.
Two robberies occurred at the Bartleys’ home and a related incident involving Deborah Miller’s jewelry and TVs, with Walters’ connection emerging through an informant and pawned items.
Police traced a ransom-call to a phone owned by Diamond Roberts, who told officers Walters had two televisions and a necklace stolen in the robberies.
A search warrant executed at Walters’ home yielded a handgun, televisions, and drug paraphernalia; communications linked Roberts to Walters’ alleged crimes.
Walters appealed on six assignments of error; the court affirmed in part, reversed in part, and remanded to address court-cost waiver considerations.
The Sixth Assignment of Error concerning court costs was sustained, requiring remand for consideration of a waiver; other assignments were overruled.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause for the warrant	Walters argues the affidavit lacked probable cause.	Walters contends the informant reliability was insufficient.	Probable cause found; suppression denied.
Disability status under 2923.13(A)(2) post Fischer	Walters claims his prior convictions were void due to improper post-release control, negating disability.	Walters argues he was not under disability at the time of the offense.	Walters was under disability; Fischer does not void prior conviction for this purpose.
Sufficiency of evidence for weapon under disability	State asserts evidence showed Walters knowingly possessed a firearm while disabled.	Walters contends the evidence is legally insufficient.	Evidence sufficient to support conviction.
Manifest weight of the evidence	State argues the verdict is not against the manifest weight.	Walters contends the verdict is against the weight of the evidence.	Weight issue overruled.
Court costs and sentencing procedure	State asserts costs were properly imposed.	Walters argues costs were imposed without proper in-court notice.	Reversible error; remand for waiver consideration.

State v. Moore, 90 Ohio St.3d 47 (2000) (probable cause standard in affidavits)
Brinegar v. United States, 338 U.S. 160 (1949) (probable cause exists when facts warrant belief of guilt)
State v. George, 45 Ohio St.3d 325 (1989) (sufficiency of probable cause in warrants; deference to magistrate)
State v. Richardson, 2009-Ohio-5678 (2009) (hearsay in affidavits; credibility of sources considered)
State v. Burnside, 100 Ohio St.3d 152 (2003) (mixed question of law and fact in suppression rulings)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for appellate review of evidence sufficiency)
State v. Fischer, 128 Ohio St.3d 92 (2010) (post-release control; void portions of sentence)
State v. Hodge, 128 Ohio St.3d 1 (2010) (Ice does not revive certain Foster-era sentencing provisions)