State v. Agosta, 2012 Ohio 3225

Defendant Brian P. Agosta was convicted in Fairfield Municipal Court of one count abusing harmful intoxicants, a first-degree misdemeanor.
The State appealed to the Fairfield County Court of Appeals from the judgment and sentence.
A bench trial occurred on January 18, 2011 after a July 28, 2010 complaint and an August 2, 2010 not guilty plea.
Police responded to a report of a vehicle idling at a stop sign; Agosta was found unconscious in the driver’s seat with a canister nearby.
Three canisters were recovered; one was in Agosta’s lap, others in the back seat; officer testified the canisters were used to get high and contained warnings on inhalant use.
The trial court found Agosta guilty and imposed jail time, a license suspension, probation, and a $250 fine.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of warnings on canisters (hearsay).	State contends warnings were admissible as relevant, non-hearsay information.	Agosta argues warnings are hearsay and inadmissible to prove contents.	Overruled; warnings were relevant and not hearsay.
Sufficiency of the evidence to prove abusing harmful intoxicants.	State maintained canisters were aerosol propellants and evidence showed impairment.	Agosta claimed no expert needed; insufficient proof of a harmful intoxicant.	Affirmed; evidence sufficient to support conviction.

State v. Sage, 31 Ohio St.3d 173 (1987) (evidentiary relevance; general admissibility of relevant evidence)
State v. Taylor, 2006-Ohio-6559 (5th Dist. 2006) (warning labels not hearsay when tied to admissible exhibits and testifying as to contents)
State v. Hoskins, 2008-Ohio-5706 (9th Dist. 2008) (essential inquiry for harmful intoxicant includes ability of inhaled gas to induce intoxication)