2011 Ohio 173
Ohio Ct. App.2011Background
- Indictment: possession of cocaine, a second-degree felony, on March 9, 2007.
- Stop: routine traffic stop on November 28, 2006 in Chillicothe; Appellant arrested for license violation.
- Criminal conduct: white substance later identified as crack cocaine found in back seat area where Appellant sat.
- Trial: two-day jury trial beginning December 15, 2009; State presented multiple witnesses and a video.
- Crim.R. 29: Appellant moved for acquittal at close of State’s case; motion denied; defense presented one witness; no renewals after all evidence; jury found guilty.
- Sentence: four years in prison; notice of appeal filed timely.
- Issue preservation: appellate review of Crim.R. 29 acquittal denial depends on preservation; this Court concluded waiver and addressed plain error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence and preservation of Crim.R. 29 | Calloway argues insufficiency; not renewed at end of all evidence. | State contends sufficient indirect evidence supported possession. | No error; conviction affirmed; no plain error found. |
Key Cases Cited
- State v. Phillips, 74 Ohio St.3d 72 (1995) (plain error review requires exceptional circumstances)
- State v. Long, 53 Ohio St.2d 91 (1978) (plain error standard for withdrawal of waivers)
- State v. Keith, 79 Ohio St.3d 514 (1997) (plain error limited to manifest miscarriage of justice)
- State v. Cooper, 170 Ohio App.3d 418 (2007-Ohio-1186) (failure to renew Crim.R.29 may not waive sufficiency challenge)
- State v. Jones, 91 Ohio St.3d 335 (2001) (sufficiency challenge preserved despite acquittal motion timing)
- State v. Carter, 64 Ohio St.3d 218 (1992) (preservation and standard of review for sufficiency)