State v. Crossley
2016 Ohio 3196
Ohio Ct. App.2016Background
- On May 22, 2014, police responded to a domestic disturbance at 509 E. Norman Ave., Springfield, Ohio; Officer Freeman saw Jamar Crossley leave a porch and walk to a nearby chain‑link fence.
- Freeman did not see a gun on Crossley; she heard a clang at the fence and then found a loaded Glock 17 with a 30‑round magazine lying next to the fence where Crossley had stood.
- Officer Nichols arrested Crossley at the scene; a search incident to arrest yielded several .45 caliber rounds in his pocket.
- Forensic comparison at BCI produced a partial latent print on the handgun matching Crossley’s left ring finger.
- Indicted on having a weapon while under disability, possession of heroin (to which he pled guilty), and carrying a concealed weapon (CCW); convicted by jury of weapon under disability and CCW.
- Sentenced to an aggregate 45 months; Crossley appealed solely arguing insufficient evidence for CCW because the gun was not shown to be concealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove CCW (R.C. 2923.12) | State: testimony and physical evidence place the loaded gun where Crossley had been standing and a matching latent print—permissible inference he concealed and then discarded it | Crossley: gun was not shown to be concealed; mere presence near where a gun was found is insufficient | Court: Evidence sufficient. Because officer did not observe the gun on Crossley and it was later found where he had been, a reasonable inference supports concealment and guilt |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (sufficiency standard explained)
- State v. Goff, 82 Ohio St.3d 123 (credibility not for appellate sufficiency review)
- State v. DeHass, 10 Ohio St.2d 230 (appellate review limits on witness credibility)
- State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency; viewing evidence in light most favorable to prosecution)
- Michalic v. Cleveland Tankers, Inc., 364 U.S. 325 (circumstantial and direct evidence equally probative)
- Donaldson v. Northern Trading Co., 82 Ohio App.3d 476 (weight of inferences from circumstantial evidence)