State v. Dennis

{¶ 66} The majority’s decision sustaining the first assignment of error is based on a misreading of the record and the law applicable to it.

{¶ 67} The trial court did not find that defendant Dennis was a trespasser and therefore lacks standing to prosecute his motion to suppress evidence because he’d been “evicted.” Rather, the court found that Dennis was a trespasser because “he had received two eviction notices prior to the (officer’s) entry into the apartment.”

{¶ 68} The finding the trial court made assumes the application of R.C. 1923.02(B) and 5321.17(B) to the effect that the notices…