State v. Willis
2013 Ohio 2391
Ohio Ct. App.2013Background
- Willis was convicted in Butler County Court of Common Pleas of carrying a concealed weapon, having a weapon while under disability, and obstructing official business; sentenced to community control, a jail term, and a fine.
- Police stopped Willis Jan. 4, 2012 for cycling without proper lights; officer illuminated Willis with a spotlight and Willis fled around the officer’s vehicle.
- After Willis fell, the officer handcuffed him and found a loaded handgun magazine and a 9 mm handgun concealed in a sock; Willis was arrested.
- Willis was indicted March 7, 2012 for the three offenses; suppression motion to exclude the evidence was denied; Willis pled no contest on May 3, 2012.
- Willis’s appellate brief raised four assignments of error, including a clerical error in the judgment entry mis-stating a guilty plea and a failure to merge allied offenses for sentencing, among others.
- The court remanded for nunc pro tunc correction of the plea entry and for proper notification regarding court costs, while other issues were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Clerical error in judgment entry reflecting guilty plea | Willis—plea was no contest, not guilty | State concedes clerical error; nunc pro tunc correction | Sustained; remanded for nunc pro tunc entry reflecting no contest |
| Suppression of evidence from stop and arrest | Willis challenged stop as based on a minor traffic violation | Stop valid; arrest/search lawful | Denied; stop based on probable cause to stop for traffic violation; arrest/search valid |
| Merger of carrying a concealed weapon and having a weapon under disability | Offenses are allied; must merge | Offenses are not allied due to separate animus | Not merged; offenses not allied; plain-error review applied only because not preserved at trial |
| Court costs notification regarding potential community service | Trial court failed to inform of community-service in lieu of costs | Remedy is to correct costs with proper notification | Reversed as to costs; remanded for proper community-service notification |
Key Cases Cited
- State v. Williams, 134 Ohio St.3d 482 (2012-Ohio-5699) (de novo standard for R.C. 2941.25 merger when preserved)
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (two-step allied-offenses test; same conduct and animus must be considered)
- Lung, 12th Dist. CA2012-03-004, 2012-Ohio-5352 (2012-Ohio-5352) (animus defined as purpose/immediate motive for allied offenses)
- Rice, State v. Rice, 69 Ohio St.2d 422 (1982) (different animi; separate offenses may be charged separately)
- State v. Weathers, 2013-Ohio-1104 (12th Dist. 2013) (remedy for improper costs notification is to vacate costs and remand for proper notice)
- Whren v. United States, 517 U.S. 806 (1996) (general reasonableness of traffic stops based on probable cause)