State v. Robinson
CourtOhio Court of Appeals
Date FiledAugust 3, 2026
Docket2025-L-133
JudgePatton
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
[Cite as State v. Robinson, 2026-Ohio-2980.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
LAKE COUNTY
STATE OF OHIO, CASE NO. 2025-L-133
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
LORENZO L. ROBINSON,
Trial Court No. 2025 CR 000180
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Decided: August 3, 2026
Judgment: Affirmed
Charles E. Coulson, Lake County Prosecutor, Teri R. Daniel, and Joshua M. Knauf,
Assistant Prosecutors, Lake County Administration Building, 105 Main Street, P.O. Box
490, Painesville, OH 44077 (For Plaintiff-Appellee).
Cory R. Hinton, Hanahan & Hinton, L.L.C., 7351 Center Street, Suite 1, Mentor, OH
44060 (For Defendant-Appellant).
ROBERT J. PATTON, J.
{¶1} Defendant-appellant, Lorenzo Robinson (“Robinson”), appeals from the
judgment of the Lake County Court of Common Pleas sentencing him to an aggregate
prison term of thirty (30) months in prison as a result of his convictions of having weapons
while under disability, a third-degree felony, and possession of cocaine, a fifth-degree
felony. For the following reasons, we affirm.
{¶2} On appeal, Robinson raises four assignments of error. Specifically,
Robinson asserts that the trial court erred in denying his motion to suppress evidence.
Robinson further alleges that the State failed to present sufficient evidence to support his
convictions and that his convictions are against the manifest weight of the evidence.
Finally, Robinson asserts that the sentences imposed are contrary to law.
{¶3} Upon review, we conclude that the court below did not err in denying
Robinson’s motion to suppress. The officer had reasonable suspicion to stop the vehicle
to identify whether the driver was the registered owner of the vehicle, who had a
suspended license. The officer also had probable cause to stop the vehicle for an
equipment violation as the rear brake light was broken. At the time of the stop, two
firearms and a bag of suspected marijuana were in plain view in the vehicle. Neither the
driver nor the passenger had a valid license. As there was no valid, licensed driver at the
time of the stop, the vehicle was impounded and an inventory search of the vehicle was
conducted. The inventory search of the vehicle discovered an unspent 10mm round and
a digital scale with cocaine residue on the surface of the scale. The inventory search of
the vehicle and seizure of the evidence inside were lawful. Accordingly, the trial court did
not err when it denied Robinson’s motion to suppress.
{¶4} Additionally, Robinson’s convictions are not against the manifest weight of
the evidence. Thus, they are necessarily supported by sufficient evidence. Lastly,
Robinson’s sentences are within the statutory guidelines. We conclude that Robinson’s
sentences are consistent with, and not contrary to, law.
{¶5} As none of Robinson’s assignments of error have merit, the judgment of the
Lake County Court of Common Pleas is affirmed.
Substantive and Procedural Facts
{¶6} On March 28, 2025, the Lake County Grand Jury returned a four-count
indictment charging Robinson with having weapons while under disability, a third-degree
PAGE 2 OF 28
Case No. 2025-L-133
felony, in violation of R.C. 2923.13(A)(3), with a forfeiture specification pursuant to R.C.
2941.1417 and 2981.04 (“Count 1”); improperly handling firearms in a motor vehicle, a
fourth-degree felony, in violation of R.C. 2923.16(B), with a forfeiture specification
pursuant to R.C. 2941.1417 and 2981.04 (“Count 2”); possession of cocaine, a fifth-
degree felony, in violation of R.C. 2925.11(A), with a forfeiture specification pursuant to
R.C. 2941.1417 and 2981.04 (“Count 3”); and illegal use or possession of drug
paraphernalia, a fourth-degree misdemeanor, in violation of R.C. 2925.14(C) (“Count 4”).1
{¶7} On March 6, 2025, the case was consolidated with Painesville Municipal
Court Case Nos. 2025 CRB 00138, and 2025 TRD 00440 A-C.
{¶8} On April 4, 2025, Robinson waived the right to be present at arraignment.
The trial court entered not guilty pleas to the charges in the indictment and set bond at
$300,000 cash/surety or ten percent with the conditions that Robinson have no weapons
or firearms, commit no acts of violence, and not violate the law.
{¶9} On April 17, 2025, defense counsel filed a motion to suppress. In the
motion, Robinson argued that the officer lacked probable cause and reasonable suspicion
to conduct the stop and that the warrantless search of the vehicle was impermissible. The
State filed a response in opposition to Robinson’s motion to suppress. A hearing on the
motion was held on May 30, 2025. The trial court denied the motion at the conclusion of
the hearing.2 Specifically, the trial court determined that the officer had probable cause to
stop the vehicle for the equipment violation and to determine whether the driver was the
owner of the vehicle. The trial court also concluded that the vehicle was lawfully towed
1. Charges were originally filed in the Painesville Municipal Court in Case Nos. 2025 CRA 00137 A-B and
bound over to the Lake County Grand Jury on February 10, 2025.
2. The entry denying the motion to suppress was filed on June 2, 2026.
PAGE 3 OF 28
Case No. 2025-L-133
and the inventory search of the vehicle was permissible as an exception to the warrant
requirement.
{¶10} Defense counsel moved to modify bond on June 10, 2025. On June 18,
2025, the trial court granted the motion, and bond was modified to $10,000 cash/surety
or ten percent. Robinson was released on the bond the same day.
{¶11} On August 27, 2025, the State filed a motion requesting that Stacy Reichert
(“Reichert”) be called as a court’s witness pursuant to Evid.R. 614(A). The trial court
granted the motion on the same day.
{¶12} The matter proceeded to trial on September 3, 2025. At trial, Robinson
stipulated that he was previously convicted of a felony offense, Possession of Heroin, in
Lake County Court of Common Pleas Case No. 14CR000364 in May 2015. Joint Exhibit
1. Additionally, the State dismissed Count 4 of the indictment prior to trial. The following
testimony was presented at the trial:
{¶13} At trial, Reichert testified that she currently lives with Robinson and her
granddaughter. On January 31, 2025, Reichert testified that Robinson drove her to work
in her black Chevrolet Trax sport utility vehicle. Reichert was aware that Robinson did not
have a valid driver's license. Reichert also testified that she did not have a valid driver's
license as her insurance had lapsed. Reichert testified that she had two firearms in the
vehicle on January 31, 2025: a 9mm and 10mm pistol. Reichert purchased both firearms.
According to Reichert, Robinson saw the firearms prior to being pulled over. Reichert
testified that the 10mm pistol fell out of her pocket and that Robinson had caught the
pistol before it fell. According to Reichert, Robinson handed her the 10mm pistol to
disassemble. Reichert knew that Robison was not to have the firearms in his possession.
PAGE 4 OF 28
Case No. 2025-L-133
Reichert testified that when the car was pulled over, she had the magazine to the 9mm
handgun in her purse and the magazine to the 10mm was with her in the seat.
{¶14} On January 31, 2025, City of Painesville Officer Dallas McCloud was
working the nightshift, 8:00 p.m. to 8:00 a.m. As Officer McCloud was patrolling the
northern sector of the city in quadrant A. Officer McCloud explained that quadrant A is a
high-crime area. At approximately 10:58 p.m., Officer McCloud traveled southbound on
Courtland Street near Nebraska Street. Officer McCloud observed a black Chevrolet Trax
travelling northbound on Courtland Street. As the vehicles passed each other, Officer
McCloud noted that the driver of the Chevrolet Trax was wearing a black face mask and
had slouched back in the seat.3 Officer McCloud could not identify the driver and could
not tell if there were any passengers at that time.
{¶15} Officer McCloud testified that he ran the Chevrolet Trax registration through
the Law Enforcement Automated Data System (“LEADS”) which identified Reichert as the
registered owner of the vehicle and indicated that she had a suspended driver’s license.
Officer McCloud decided to turn around and follow the vehicle. Officer McCloud indicated
that the vehicle approached the intersection of Nebraska and Richmond Streets. As the
vehicle neared the stop sign, the vehicle’s brake lights activated. Officer McCloud
observed that the right rear taillight of the vehicle was broken and emitting a bright white
light. Officer McCloud then initiated a traffic stop of the vehicle. Officer Cory Whitt (“Officer
Whitt”) also responded.
{¶16} Officer McCloud approached the driver’s side of the vehicle while Officer
Whitt approached the passenger side. Officer McCloud identified Robinson as the driver
3. It was dark and very cold outside at the time of the stop.
PAGE 5 OF 28
Case No. 2025-L-133
and Reichert as the front seat passenger. Officer McCloud asked Robinson and Reichert
whether there were any weapons or drugs inside the vehicle. According to Officer
McCloud, as Reichert was informing officers about the two firearms, his flashlight
illuminated the two Springfield pistols inside the vehicle. The firearms were next to
Reichert’s left thigh. According to Officer McCloud the pistols were sitting “directly on top
of each other. The barrels were facing towards the dashboard . . . both pistols were facing
toward [Robinson].” Officer Whitt was unable to see the firearms from his position on the
other side of the vehicle.
{¶17} Officer McCloud also observed a bag of a green-leafy substance identified
as suspected marijuana sitting directly in front of the pistols. Reichert testified that she
told officers about the firearms at the time of the stop and that her license would come
back suspended. According to Officer McCloud, Robinson did not have his driver’s
license. He alternatively used Robinson’s social security number to run a license check.
Radio Dispatch advised that Robinson also had a suspended license.
{¶18} Officer McCloud said that he ordered both occupants to exit the vehicle.
Reichert stood off to the side with Officer Whitt. When Reichert exited the vehicle, Officer
Whitt was able to see the firearms. Robinson was instructed to stand in front of Officer
McCloud’s cruiser. As Reichert exited the vehicle, the magazine for the 10mm was seen
on the passenger seat. Officer McCloud indicated that the magazine was loaded with
ammunition.
{¶19} Officer McCloud testified that Reichert appeared physically shaken,
nervous, and her voice was “crackled” and changing pitch. According to Officer McCloud,
Reichert was looking back and forth between him and Robinson. Officer McCloud testified
PAGE 6 OF 28
Case No. 2025-L-133
he “had a feeling” that Reichert was scared to talk around Robinson, so he had Reichert
sit in Officer Taylor Prugel’s cruiser. Robinson was then placed in Officer Whitt’s cruiser.
According to Officer McCloud, Reichert appeared more comfortable and talked more once
Robinson was placed in the cruiser. Officer McCloud stated that Reichert was the owner
of the firearms and that she was permitted to have them. Robinson was not permitted to
have possession of a firearm. Officer McCloud explained that possession meant a firearm
could not be in Robinson’s immediate reach with ammunition ready at hand.
{¶20} As there was no valid driver, Officer McCloud said that the vehicle would be
impounded in accordance with the towing and release policy of the City of Painesville
Police Department. Prior to the vehicle being towed, and in compliance with department
policy, officers conducted an inventory search of the vehicle for any items of value.
{¶21} Officer Whitt and Officer Chad Balausky (“Balausky”) assisted with the
inventory search of the vehicle. During the inventory search of the vehicle, one additional
unspent 10mm round was discovered on the passenger floorboard of the vehicle. Under
the driver’s seat, officers discovered a digital scale inside its packaging. The scale
contained a white powdery substance on the weighing portion of the scale. Officer
McCloud stated that the powder was suspected cocaine. Officer Whitt said that Robinson
admitted that the scale was his and that he had recently purchased it at the Grab-n-Go
convenient store an hour earlier. According to Officer Whitt, Robinson also confessed that
he touched the firearm when it was falling and that his DNA would be on it. Robinson also
told Officer Whitt that the bag of marijuana was his property.
{¶22} A technical leader in the firearms and latent fingerprint sections of the Lake
County Crime Lab, Becca Silverstein (“Silverstein”), testified that she received the two
PAGE 7 OF 28
Case No. 2025-L-133
firearms for testing as well as the digital scale. Silverstein stated that she first processed
the firearms for latent prints. No latent prints were suitable for comparison on either item.
Silverstein also tested the firearms for operability. Both firearms were operable.
{¶23} Lake County Crime Lab forensic analyst, Brian Marosan (“Marosan”),
testified that he tested the residue discovered on the digital scale. The substances
contained cocaine residue. The amount of residue was not enough to be weighed.
{¶24} Lake County Crime Lab DNA Supervisor, Dr. Karen Zavarella (“Dr.
Zavarella”) testified the two firearms were tested for DNA. Dr. Zavarella said that the
swabs from the 10mm caliber firearm had a mixture of a minimum of three contributors.
It was compared to a DNA standard from a cheek swab on Robinson. Dr. Zavarella
testified that the DNA mixture from the 10mm firearm was “six point seven billion times
more likely to occur if the mixture consist[ed] of DNA from Lorenzo Robinson and two
unidentified contributors, than if it derives from three unknown contributors.” Dr. Zavarella
testified that the mixture on the 9mm firearm consisted of a minimum of five contributors
and that she could not make any comparisons because of the complexity of the mixture.
Dr. Zavarella explained that no comparisons were made.
{¶25} On September 5, 2025, at the conclusion of the trial, the jury convicted
Robinson of Count 1 and Count 3. The jury found Robinson not guilty of Count 2. Bond
was revoked. A presentence investigation (“PSI”) and drug and alcohol evaluations were
ordered.
{¶26} A sentencing hearing was held on October 10, 2025. At the hearing,
defense counsel acknowledged that the PSI was not completed and requested
community control sanctions. Robinson, when given the opportunity to speak to the court
PAGE 8 OF 28
Case No. 2025-L-133
averred that he did not “do anything wrong.” The State argued for a prison term and cited
that Robinson had “been to prison several times before.” According to the State, Robinson
had a history of being uncooperative and was not amenable to community control.
{¶27} The trial court concluded that a prison sentence was “consistent with the
purposes and principles of sentencing” and found that Robinson was “not amenable to
an available community control sanction.” The trial court imposed a prison term of 30
months on Count 1 to be served concurrently to the six-month term imposed on Count 2.
The trial court additionally ordered the forfeiture of a Springfield Armory XDM Elite pistol,
magazine, ammunition, cocaine, and a digital scale.
{¶28} Robinson appeals.
The Appeal
{¶29} Robinson raises four assignments of error for review:
[1.] The trial court erred when it denied [Robinson]’s Motion to
Suppress Evidence.
[2.] The jury’s finding of guilt and Robinson’s subsequent
conviction for violation of Having Weapons While Under
Disability (F-3) was contrary to the manifest weight of the
evidence; therefore, Robinson’s conviction for said counts
should be overturned, and Robinson should be remanded to
the trial court for a new trial.
[3.] The Court’s denial of [Robinson]’s Rule 29 Motion should
be overturned, and Robinson should be remanded to the trial
court for a new trial.
[4.] The trial court erred in its October 15, 2025 Judgment
Entry of Sentence because its sentence was contrary to law
and an abuse of discretion.
PAGE 9 OF 28
Case No. 2025-L-133
Motion to Suppress
{¶30} “Appellate review of a motion to suppress presents a mixed question of law
and fact.” State v. Burnside, 2003-Ohio-5372, ¶ 8. “[T]he trial court assumes the role of
trier of fact and is therefore in the best position to resolve factual questions and evaluate
the credibility of witnesses.” Id., citing State v. Mills, 62 Ohio St.3d 357, 366. We must
accept the trial court’s findings of fact if they are supported by competent, credible
evidence, and then independently decide whether those facts satisfy the applicable legal
standards without deference to the trial court’s decision. Id. “Once an appellate court
determines whether the trial court’s factual findings are supported by the record, the court
must then engage in a de novo review of the trial court's application of the law to those
facts.” State v. Eggleston, 2015-Ohio-958, ¶ 18 (11th Dist.), citing State v. Lett, 2009-
Ohio-2796, ¶ 13 (11th Dist.). Accordingly, we first determine whether the lower court’s
factual findings are supported by the record.
{¶31} At the suppression hearing, defense counsel indicated that Robinson was
challenging the stop and the subsequent search of the vehicle. The State presented one
witness and introduced five exhibits. The following testimony was presented at the
suppression hearing:
{¶32} Officer McCloud was working the nightshift on the north side of the city on
January 31, 2025. Officer McCloud testified that he was patrolling the area of Courtland
Street and Nebraska Street, a known high-crime area. It was cold and “very lightly
snowing.” Just before 11 o’clock in the evening, as Officer McCloud travelled southbound
on Courtland Street, he observed a black Chevrolet Trax travelling in the opposite
direction.
PAGE 10 OF 28
Case No. 2025-L-133
{¶33} Officer McCloud observed the driver had a black face mask that covered
the entire face and that the driver sunk down in the seat as the vehicle passed. Officer
McCloud said, based on his training and experience, the behavior of the driver was
indicative of individuals attempting to avoid police contact. Due to the face mask, Officer
McCloud stated that he could not identify any of the driver’s characteristics. Officer
McCloud further indicated that at the time the vehicle passed he did not see whether there
was a passenger inside. Officer McCloud explained that the behavior of the driver, sinking
down in the seat as the vehicles passed by, drew his attention to the vehicle. Officer
McCloud ran the license plate of the vehicle through LEADS.
{¶34} The license plate check identified the owner of the vehicle as Reichert.
Officer McCloud also learned that Reichert had a suspended driver’s license. Officer
McCloud turned his vehicle around to get behind Reichert’s vehicle. Due to the face mask,
Officer McCloud testified he could not identify the driver as Reichert.
{¶35} As the vehicle approached the intersection of Nebraska and Richmond
Street, Officer McCloud then observed that the right rear brake light was broken. Officer
McCloud initiated a traffic stop for the equipment violation. Officer McCloud explained that
his cruiser is equipped with a mounted WatchGuard camera that begins recording when
the officer activates the cruiser’s overhead lights. The officers are also equipped with a
body-worn microphone. The dashcam recording was admitted as State’s Exhibit 1. When
Officer McCloud approached the vehicle, the driver had a black face mask covering the
lower half of his face and was wearing a black sweatshirt with the hood pulled up over his
head. Officer McCloud identified the driver of the vehicle as Robinson and the front seat
passenger as Reichert.
PAGE 11 OF 28
Case No. 2025-L-133
{¶36} Officer McCloud testified that as a common practice, he asks everyone if
there is anything illegal in the car, such as guns, knives, and drugs. According to McCloud,
as Reichert began to explain that two pistols were inside the vehicle, his flashlight
illuminated the interior of the vehicle and two black pistols were near Reichert’s left leg.
The pistols were stacked on top of each other with the barrels of the pistols pointed toward
the dashboard and the magazine wells facing Robinson. The magazines were missing
from the pistols. Officer McCloud also identified a bag of green-leafy substance in front of
the pistols as suspected marijuana.
{¶37} Officer McCloud testified that he ordered Reichert and Robinson to exit the
vehicle for officer safety. After the occupants were removed from the vehicle. Officer
McCloud confirmed that neither Robinson nor Reichert had a valid driver’s license. Officer
McCloud stated that, according to Painesville Police Department policy, the vehicle was
required to be towed and impounded. When a vehicle is impounded, officers are required,
per department policy, to conduct an inventory search of the vehicle for any items of value
or contraband. During the inventory search of the vehicle, Officers Balausky and Whitt
located a digital scale in a box underneath the driver’s seat of the vehicle that had a white
powdery substance on it and an ejected 10mm round on the passenger floorboard of the
vehicle. At the time of the stop, Robinson was cited for the rear light illumination violation,
driving under suspension, and no operator’s license.
{¶38} At the conclusion of the hearing, the trial court overruled Robinson’s motion
to suppress. Specifically, the trial court determined that the officer’s attention was drawn
to the vehicle when he observed the driver passing him. The driver was slumped down in
the seat with a mask covering most of the driver’s face. The officer was unable to
PAGE 12 OF 28
Case No. 2025-L-133
determine any identifiable features about the driver. While this behavior did not provide a
basis for the stop, the officer then conducted a permissible registration check of the
vehicle and discovered the vehicle was registered to a Stacy Reichert who was under
suspension and did not have a valid license. The officer further observed that the rear
taillight of the vehicle was broken. The trial court determined that the light was broken
based on the video and photographs. The trial court concluded that the officer was
permitted to make a lawful stop of the vehicle for the equipment violation and to determine
whether the driver was the owner of the vehicle.
{¶39} The trial court also explained that once the vehicle was stopped, and the
officer identified that the driver was not the owner of the vehicle, the officer was permitted
to request the information from the driver, Robinson. Robinson also had a suspended
drvier’s license. As there was no person with a valid license able to operate the vehicle,
the officer was permitted to tow the vehicle. The trial court also determined that pursuant
to the Painesville Police Department policy, officers were required to tow the vehicle
because it was a traffic hazard and because Reichert was cited under the City’s provision
of negligent entrustment of a vehicle. The trial court further found that the officers were
required to conduct an inventory search of the vehicle pursuant to the police department’s
policy which led to the discovery of the scale.
{¶40} Upon review of the trial court’s factual findings, we conclude that the
findings are supported by competent, credible evidence in the record. As such, we now
independently decide whether those facts satisfy the applicable legal standards without
deference to the trial court’s decision.
PAGE 13 OF 28
Case No. 2025-L-133
{¶41} Robinson asserts that the stop of the vehicle was unlawful and raises two
main claims in support of his assignment of error that the trial court erred when it denied
his motion to suppress. First, Robinson argues that “Officer McCloud knew and/or should
have known that Reichert . . . was not the operator of said vehicle as she is a white female
and Robinson is a black male.” Second, Robinson asserts that one of the taillights was
working, and therefore, Officer McCloud had no basis to stop the vehicle under R.C.
4513.05(A).
{¶42} The Fourth Amendment to the United States Constitution guarantees “[t]he
right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures ....” U.S. Const., amend. IV. Article I, Section 14 of
the Ohio Constitution is virtually identical to the language in the United States Constitution
and affords the same protections. State v. Hoffman, 2014-Ohio-4795, ¶ 11. “The
touchstone of both is reasonableness.” State v. Brown, 2020-Ohio-5140, ¶ 8 (11th Dist.),
citing State v. Michael, 2013-Ohio-3889, ¶ 10 (10th Dist.).
{¶43} “[S]earches conducted outside the judicial process, without prior approval
by judge or magistrate, are per se unreasonable under the Fourth Amendment—subject
only to a few specifically established and well-delineated exceptions.” (Footnotes
omitted.) State v. Vance, 2026-Ohio-876, ¶ 28 (11th Dist.), quoting Katz v. United States,
389 U.S. 347, 357 (1967). “When a defendant moves to suppress evidence recovered
during a warrantless search, the state has the burden of showing that the search fits within
one of the defined exceptions to the Fourth Amendment's warrant requirement.” State v.
Banks-Harvey, 2018-Ohio-201, ¶ 18. Evidence obtained by searches and seizures that
PAGE 14 OF 28
Case No. 2025-L-133
violate the Fourth Amendment must be excluded. State v. Adams, 2015-Ohio-3954, ¶
181, citing Mapp v. Ohio, 367 U.S. 643 (1961).
{¶44} As this court explained in Vance, “[t]he constitutionality of a traffic stop
should be assessed in a manner similar to that of a brief detention under Terry v. Ohio,
392 U.S. 1 (1968), rather than a formal arrest.” Vance at ¶ 30, citing State v. Dunlap,
2024-Ohio-4821, ¶ 16. “[P]ursuant to Terry ..., a police officer may, under limited
circumstances, detain an individual and conduct a brief investigative stop.” State v. Gray,
2000 WL 973411, *2 (11th Dist. July 14, 2000). Therefore, to initiate or continue a traffic
stop, as with a Terry stop, “an officer must have at least a reasonable articulable suspicion
of criminal activity based on ‘articulable facts that give rise to a reasonable suspicion that
the individual is currently engaged in or is about to engage in criminal activity.’” Vance
quoting Gray.
{¶45} Robinson first contends that Officer McCloud lacked reasonable suspicion
or probable cause to initiate a traffic stop based on the vehicle registration information
that Reichert, the vehicle’s owner, had a suspended driver’s license. We disagree.
{¶46} The Supreme Court of Ohio has held that whether an officer had a
reasonable suspicion to justify the investigative stop “must be viewed in light of the totality
of the surrounding circumstances.” State v. Bobo, 37 Ohio St.3d 177 (1988), paragraph
one of the syllabus. In State v. Dunlap, 2024-Ohio-4821, the Supreme Court of Ohio held
that an officer had reasonable suspicion to make a traffic stop after running a vehicle’s
license plate and learning that the registered owner had a revoked driver's license. Dunlap
at ¶ 17. In Dunlap, the officer sat in a parking lot running random registration checks on
the license plates of passing vehicles. Id. at ¶ 4.
PAGE 15 OF 28
Case No. 2025-L-133
{¶47} After running a check on one of the vehicles, the officer discovered that the
female owner had a suspended driver's license. The officer initiated a traffic stop. After
the officer approached the vehicle, the officer realized that the owner of the vehicle was
not the driver, but was a passenger. The officer then discovered that the male driver also
had a suspended license. As neither the owner nor the driver had a valid driver's license
and the vehicle was going to be towed, an inventory search of the vehicle was conducted.
The search revealed an unloaded firearm located in the vehicle, and both the driver and
the owner were charged with improper handling of a firearm in a motor vehicle.
{¶48} The Dunlap Court recognized:
The United States Supreme Court has recently made clear
that an officer does not violate the Fourth Amendment “by
initiating an investigative traffic stop after running a vehicle's
license plate and learning that the registered owner has a
revoked driver's license,”[Kansas v. Glover, 589 U.S. 37
(2020)] at 378. . . . Such a stop is reasonable as long as “the
officer lacks information negating an inference that the owner
is the driver of the vehicle.” Id. Thus, Officer Centrackio was
entitled to make the traffic stop based on the information
acquired from LEADS indicating that the owner of the vehicle
did not have a valid driver's license.
Dunlap at ¶ 17.
{¶49} Similarly, Officer McCloud decided to run a registration check on the vehicle
after observing the driver of the vehicle wearing a face mask and slouching down as the
cruiser passed the vehicle in the opposite direction. Due to the face mask and time of the
evening, Officer McCloud could not see any identifiable features of the driver. Officer
McCloud testified he could not determine if the driver was male or female. Officer
McCloud then discovered through LEADS that the registered owner of the vehicle,
Reichert, had a suspended driver’s license. As such, in accordance with the holding in
PAGE 16 OF 28
Case No. 2025-L-133
Dunlap, Officer McCloud had reasonable suspicion to stop the vehicle as the officer had
no information to negate the inference that the owner of the vehicle was driving at the
time of the stop.
{¶50} As Officer McCloud had reasonable suspicion to stop the vehicle, we need
not address whether Officer McCloud had probable cause to stop the vehicle for the
equipment violation. It was undisputed and is uncontested on appeal that the right rear
taillight was broken. Instead, Robinson argues that the officer did not have sufficient basis
for the equipment violation because R.C. 4513.05 and City of Painesville Codified
Ordinance 338.04 only require one working brake light.
{¶51} The State contends that even if R.C. 4513.05 required only a single working
light, Officer McCloud had probable cause to stop the vehicle pursuant to R.C. 4513.071
which provides in pertinent part:
Every motor vehicle . . . when operated upon a highway shall
be equipped with two or more stop lights. . . Stop lights shall
be mounted on the rear of the vehicle, actuated upon
application of the service brake, and may be incorporated with
other rear lights. Such stop lights when actuated shall emit a
red light visible from a distance of five hundred feet to the rear,
provided that in the case of a train of vehicles only the stop
lights on the rear-most vehicle need be visible from the
distance specified.
Such stop lights when actuated shall give a steady warning
light to the rear of a vehicle or train of vehicles to indicate the
intention of the operator to diminish the speed of or stop a
vehicle or train of vehicles.
{¶52} Indeed, this court has held that the constitutionality or legality of the initial
traffic stop is not affected where the officer cites the defendant under the wrong statute.
This court explained:
PAGE 17 OF 28
Case No. 2025-L-133
The fact that Officer Smith cited appellant for a violation of
R.C. 4511.25, instead of R.C. 4511.33, does not affect the
constitutionality of the initial traffic stop. This court has
previously held that a traffic stop was valid even though the
police officer mistakenly cited the defendant with a marked
lanes violation, rather than a failure to drive on the right side
of the roadway (i.e., left of center). See State v. Lillstrung
(Sept. 18, 1998), Lake App. No. 97-L-290, unreported, at 10-
14, 1998 Ohio App. LEXIS 4374. See, also, Mason v. Rischar
(Aug. 21, 1995), Warren App. No. CA94-08-072, unreported,
at 2, fn. 1, 1995 Ohio App. LEXIS 3411 (holding that no
prejudice resulted when a police officer mistakenly listed R.C.
4511.25, instead of R.C. 4511.33, as the section number on a
traffic citation for driving outside the marked lanes of travel).
State v. Carleton, 1998 WL 964286, *4 (11th Dist. Dec. 18, 1998). See State v. Webb,
2016-Ohio-4896, ¶ 11 (2d Dist.); State v. Jackson, 2015-Ohio-5160, ¶ 9 (6th Dist.).
Accordingly, in addition to the reasonable suspicion to stop the vehicle to determine if the
suspended registered owner of the vehicle was driving, Officer McCloud also had
probable cause to stop the vehicle due to an equipment violation.
{¶53} As outlined above, the trial court’s factual findings are supported by the
record, and the trial court properly applied the law to those facts. The trial court did not
err in denying Robinson’s motion to suppress. The stop of the vehicle was lawful.
Accordingly, the firearms which were in plain view and identified by Reichert at the time
of the stop were lawfully discovered. Furthermore, the subsequent inventory search of
the vehicle, which led to the discovery of the digital scale with cocaine residue on the
surface, was also permissible pursuant to police department policy.
{¶54} Accordingly, Robinson’s first assignment of error is without merit.
Manifest Weight/Sufficiency of Evidence
{¶55} On appeal, where an appellant challenges both the sufficiency and the
manifest weight of the State’s evidence, the appellate court need only address the
PAGE 18 OF 28
Case No. 2025-L-133
manifest weight argument. See State v. Dykes, 2023-Ohio-4378, ¶ 6 (11th Dist.), quoting
State v. Masters, 2020-Ohio-864, ¶ 17 (11th Dist.). The determination that a verdict is not
against the manifest weight necessarily includes a finding that the conviction was
supported by sufficient evidence. Id. Thus, we address Robinson’s second and third
assignments of error together.
{¶56} “[W]eight of the evidence addresses the evidence’s effect of inducing
belief.” State v. Wilson, 2007-Ohio-2202, ¶ 25, citing State v. Thompkins, 1997-Ohio-52,
¶ 24. “In other words, a reviewing court asks whose evidence is more persuasive—the
state’s or the defendant’s?” Id. “‘The court, reviewing the entire record, weighs the
evidence and all reasonable inferences, considers the credibility of witnesses and
determines whether in resolving conflicts in the evidence, the [factfinder] clearly lost its
way and created such a manifest miscarriage of justice that the conviction must be
reversed and a new trial ordered.’” Thompkins at ¶ 25, quoting State v. Martin, 20 Ohio
App.3d 172, 175 (1st Dist.1983). “When a court of appeals reverses a judgment of a trial
court on the basis that the verdict is against the weight of the evidence, the appellate
court sits as a ‘“thirteenth juror”’ and disagrees with the factfinder’s resolution of the
conflicting testimony.” Id., quoting Tibbs v. Florida, 457 U.S. 31, 42 (1982). “‘The
discretionary power to grant a new trial should be exercised only in the exceptional case
in which the evidence weighs heavily against the conviction.’” Id., quoting Martin at 175.
{¶57} Robinson was convicted of having weapons under disability, a felony of the
third degree, in violation of R.C. 2923.13(A)(3) and possession of cocaine, a felony of the
fifth degree, in violation of R.C. 2925.11. However, on appeal, Robinson only raises a
PAGE 19 OF 28
Case No. 2025-L-133
manifest weight and sufficiency challenge to his conviction of having weapons under
disability. Therefore, we limit our analysis accordingly.
{¶58} R.C. 2923.13(A)(3) provides:
(A) Unless relieved from disability under operation of law or
legal process, no person shall knowingly acquire, have,
carry, or use any firearm or dangerous ordnance, if any of
the following apply:
...
(3) The person is under indictment for or has been convicted
of any felony offense involving the illegal possession, use,
sale, administration, distribution, or trafficking in any drug
of abuse or has been adjudicated a delinquent child for the
commission of an offense that, if committed by an adult,
would have been a felony offense involving the illegal
possession, use, sale, administration, distribution, or
trafficking in any drug of abuse.
{¶59} Robinson argues on appeal that the State failed to present sufficient
evidence that Robinson had control or possession of the firearms. Additionally, Robinson
argues that the conviction of having weapons under disability is against the manifest
weight of the evidence. Specifically, Robinson asserted that “the two firearms found in the
vehicle were registered to and under the sole control/possession of Reichert, who had no
disability preventing her from possessing the weapons.” We disagree.
{¶60} After reviewing the record and considering the evidence adduced at trial,
and all reasonable inferences therefrom, witness credibi