State v. Davis

── State v. Davis ── Court: Ohio Court of Appeals Date: May 15, 2026 Author: Thomas Osowik Category: General [Cite as State v. Davis, 2026-Ohio-1798.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY State of Ohio Court of Appeals No. WD-25-048 Appellant Trial Court No. 2025-CR-0088 v. Maverick Davis, II DECISION AND JUDGMENT Appellee Decided: May 15, 2026 ***** Paul A. Dobson, Esq., Prosecutor and Kristofer A. Kristofferson, Esq., Assistant Prosecutor, for appellant. Michael H. Stahl, Esq., for appellee. ***** OSOWIK, P.J., {¶ 1} This is a State appeal of a July 16, 2025 judgment of the Wood County Court of Common Pleas, granting Maverick Davis II’s (“appellee”) motion to dismiss March 20, 2025 indictments on one count of trafficking in marijuana, in violation of R.C. 2925.03, a felony of the third degree, and one count of possession of marijuana, in violation of R.C. 2925.11, a felony of the third degree, on speedy trial grounds, in violation of R.C. 2945.71(C)(2), upon finding that the charges arose from facts known by the State on December 6, 2023, when appellee was originally charged with driving under suspension and following too closely. For the reasons set forth below, this court affirms the judgment of the trial court. {¶ 2} Appellant, the State of Ohio, sets forth the following sole assignment of error: “The trial court committed reversible error when it granted [appellee’s] motion to dismiss.” Case Background {¶ 3} The following facts are derived from the record of evidence presented to the trial court. On December 6, 2023, Wood County Detective Sergeant Moore (“Moore”) initiated a traffic stop of appellee on I-75, after observing appellee following another vehicle too closely. {¶ 4} Upon approaching appellee’s vehicle, Moore detected a strong odor of marijuana. Appellee acknowledged that he was returning from Michigan, where he had purchased marijuana. Appellee then handed Moore a bag containing 8.8 grams of marijuana, and further disclosed that he was in possession of “a lot more” marijuana. Moore’s subsequent search of appellee’s vehicle recovered multiple, large bags of marijuana, cumulatively totaling four pounds of marijuana. 2.  {¶ 5} Moore next ran appellee’s license and discovered that appellee was under a license suspension for unpaid child support. Moore then cited appellee for following too closely and driving under suspension. No charges related to the recovery of four pounds of marijuana during the traffic stop were filed. On February 23, 2024, appellee proceeded to trial in the Bowling Green Municipal Court on the two pending traffic offenses. Appellee was found guilty. {¶ 6} On March 20, 2025, 16 months after the traffic stop and filing of the initial charges, appellee was indicted on one count of trafficking in marijuana, in violation of R.C. 2925.03, a felony of the third degree, and one count of possession of marijuana, in violation of R.C. 2925.11, a felony of the third degree. {¶ 7} On May 14, 2025, appellee filed a motion to dismiss, arguing that the State failed to timely bring appellant to trial on the felony drug charges, within 270 days of his December 6, 2023 original arrest, in violation of R.C. 2945.71(C)(2), the speedy trial statutory mandate. Motion to Dismiss Hearing {¶ 8} On July 9, 2025, the trial court conducted a hearing on the motion to dismiss. At the motion hearing, the parties jointly stipulated to the admission of the December 6, 2023 police report (“Exhibit A”), with both parties acknowledging th