State v. Cabrera
2014 Ohio 3372
Ohio Ct. App.2014Background
- Officer Gelenius stopped Cabrera after a license-plate check revealed expired plates and a Buick registration.
- Cabrera admitted his license was suspended and exited the vehicle; he was handcuffed and placed in the cruiser after a brief detainment and field sobriety test.
- The officer conducted an inventory of Cabrera’s car towed from the scene.
- Five hydrocodone pills were found under the back seat of the cruiser after Cabrera was transported to jail; the pills tested as a Schedule II drug.
- Cabrera was indicted for tampering with evidence, possession of a controlled substance, and driving under suspension.
- At bench trial, Cabrera was convicted on all counts; the appeal challenged the weight of the evidence and possession element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Cabrera’s possession conviction supported by sufficient and proper element proof? | Cabrera | Cabrera | Possession conviction reversed for lack of Schedule III–V element proof |
| Is Cabrera’s tampering conviction against the weight of the evidence? | Cabrera | Gelenius | Tampering conviction upheld |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency review uses any rational trier of fact test)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard; standard for review)
- State v. Robinson, 162 Ohio St. 486 (1955) (sufficiency framework)
- State v. Headley, 6 Ohio St.3d 475 (1983) (drug element essential in possession crime)
- State v. Jackson, 134 Ohio St.3d 184 (2012) (essential element is drug name or schedule)
- State v. Otten, 33 Ohio App.3d 339 (1986) (weight of the evidence; ‘thirteenth juror’ standard)