State v. Collins, 2011 Ohio 2660

Appellant Tony Collins challenges his consolidated drug convictions in CR-529965 and CR-533453; judgment: affirmed in part, reversed in part, remanded.
Evidence centers on two controlled deliveries of marijuana by USPS and PIT; packages weighed about 6,573 grams and 4,567 grams respectively.
Appellant received the packages—signing under false names—did not open them, removed a shipping label, and was observed distributing/handling the packages during surveillance.
Trial court sentenced Collins to 2 years for trafficking (CR-529965) and 6 months for tools, plus 4 years consecutive for trafficking in CR-533453; total 6 years; post-release control applied.
The state presented officer testimony that the quantities indicated trafficking; some school-yard specification and tools possession issues were contested on appeal.
Dissenting opinions address whether receiving large quantities suffices to prove traffic under R.C. 2925.03(A)(2); majority sustains, concurring in part; remand for specification issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for trafficking and possession	State: evidence supports trafficking/possession beyond reasonable doubt.	Collins: insufficient proof he trafficked or knew of the marijuana's contents.	Sufficient evidence to convict on trafficking and possession; some related spec. vacated.
School-yard specification vacated	State: proximity evidenced by testimony and map proves within 1,000 feet.	Collins: insufficient evidence the school was open/operating; name alone is insufficient.	Vacated; school-yard specification reversed.
Possession of criminal tools	State: cell-phone usage and related conduct indicate criminal purpose.	Collins: record fails to prove cell-phone use tied to trafficking; ubiquitous cellphone not proof.	Conviction for possession of criminal tools reversed; evidence insufficient.
Manifest weight	State: weight of drugs and surrounding circumstances support conviction.	Collins: unopened packages negate knowledge and trafficking.	Convictions not against the weight of the evidence; weight affirmed.
Ineffective assistance of counsel	State: counsel’s conduct did not prejudice the outcome; confrontation issues waived by strategy.	Collins: errors in lab report handling and confrontation rights violated Strickland test.	No prejudice; ineffective-assistance claim overruled.

State v. Nucklos, 121 Ohio St.3d 332 (2009-Ohio-792) (beyond reasonable doubt applied to elements of crime)
State v. Manley, 71 Ohio St.3d 342 (1994-Ohio-440) (proof of circumstantial elements and reasonable inferences in trafficking)
State v. Pasqualone, Ohio St.3d 186 (2009-Ohio-315) (confrontation-right waiver via notice-and-demand statute)