State v. Johnson
2014 Ohio 4032
Ohio Ct. App.2014Background
- Appellant was convicted of possession of drugs under R.C. 2925.11(A)/(C)(2)(a) after a bench trial in Gallipolis Municipal Court.
- The incident occurred June 15, 2013, when Trooper Wilson encountered a disabled vehicle and arrested Appellant on an outstanding misdemeanor warrant.
- A purse was in the vehicle; a half Hydrocodone tablet was found and linked to the purse.
- Appellant claimed the purse belonged to her daughter and denied knowing about the pill bottle.
- She was sentenced to one year of probation, a $100 fine, and a six-month license suspension; costs and a supervision fee were also imposed.
- Counsel filed a timely Anders brief and requested withdrawal from the case; the appeal was dismissed as frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction is contrary to the manifest weight of the evidence | Johnson argues lack of proof of possession | Johnson notes uncertainty of ownership and knowledge | No; substantial evidence supports possession and knowledge. |
| Whether the State relied on proper identification of the drug without expert testimony | Johnson asserts no expert testimony or lab results were presented | Johnson relied on lay identification and Appellant’s own recognition | No plain error; trial court did not abuse discretion; identification reasonably supported. |
Key Cases Cited
- State v. Lester, 130 Ohio St.3d 303 (2011-Ohio-5204) (final order requires certain elements for appeal)
- State v. Baker, 119 Ohio St.3d 197 (2008-Ohio-3330) (final judgment requirements under Crim.R. 32(C))
- State v. McKee, 91 Ohio St.3d 292 (2001-Ohio-41) (lay opinion on drug identity may be admissible with foundation)
- State v. Eley, 56 Ohio St.2d 169 (1978) (sufficiency and weight standards for appellate review)