2013 Ohio 615
Ohio Ct. App.2013Background
- Hurt was convicted on drug-related counts arising from two incidents: Sept. 18, 2010, with 5.7 grams of crack cocaine found on her in a fast-food parking lot; and Aug. 14, 2011, after she sold 0.3 grams to a confidential informant and led officers to a hotel room containing 12.4 grams in 31 baggies.
- The hotel-room drugs were found after Hurt admitted shipping crack inventory; Deputy Workman testified Hurt claimed she shipped crack from Columbus to Gallipolis.
- Two indictments charged Hurt with two counts from the 2010 incident (possession and trafficking for 5.7 grams) and four counts from the 2011 incident (possession and trafficking for 0.3 grams and 12.4 grams).
- The cases were tried together; a jury found Hurt guilty on all counts; the trial court merged allied offenses and sentenced accordingly, including court costs.
- Prior to sentencing, Hurt’s retained counsel did not move to waive court costs; appellate counsel was not yet appointed.
- The appellate court affirmed, addressing sufficiency of the evidence for Count 3 and whether trial counsel was ineffective for not moving to waive costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there sufficient evidence to convict Hurt of trafficking for the 12.4 g? | Hurt | Hurt | Yes; evidence showed she admitted shipping from Columbus and the 12.4 g was prepared for sale. |
| Was trial counsel ineffective for failing to move to waive court costs? | Hurt | Hurt | No; record insufficient to prove indigence or likelihood court would waive costs; Rowe distinguished. |
Key Cases Cited
- State v. Smith, 2007-Ohio-502 (4th Dist. No. 06CA7 (2007)) (standard for sufficiency of evidence; defer to trier of fact on credibility)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (Jackson v. Virginia standard for sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (1980) (constitutional standard for sufficiency of evidence)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (weight and credibility for the trier of fact are to be resolved by the fact-finder)
- State v. Rowe, 2011-Ohio-6614 (4th Dist. 2011) (waiver of court costs requires indigence and a timely motion; failure to move may be ineffective assistance)