State v. Martinez-Castro, 2019 Ohio 1155

On Dec. 9, 2014, Lorain police stopped a vehicle driven by Ruben Martinez-Castro; officers smelled burnt marijuana and discovered he was driving with a suspended license.
A K-9 alerted; officers found a clear plastic baggie with a white powder on the center console in plain view and additional baggies and a tied grocery bag with contraband under the driver’s seat.
Several baggies contained powder cocaine mixed with filler; one baggie contained non-controlled filler and other plant matter was found in a pill bottle.
Martinez-Castro was indicted for trafficking and possession of cocaine (with major drug offender specifications), operating a vehicle without a valid license, and possession of drug paraphernalia.
After a bench trial the court convicted him of all charges (specifications not proven); the court merged trafficking and possession, sentenced him to eight years’ prison, concurrent misdemeanor terms, and fined him $10,000.
On appeal Martinez-Castro argued (1) the court should exclude filler weight when determining cocaine weight for penalty purposes and (2) the evidence was insufficient/against the manifest weight to show he possessed the drugs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether filler must be excluded when calculating cocaine weight for penalty enhancements	State: entire compound (including filler) counts toward weight under controlling precedent	Martinez-Castro: weight must exclude filler to prove >=100 grams of actual cocaine	Court: Followed State v. Gonzales; fillers included in weight — no error
Whether evidence was sufficient to prove possession/trafficking	State: drugs were in plain view on console and concealed under driver’s seat; driver exercised dominion and control	Martinez-Castro: he did not own the vehicle; drugs could belong to someone else; unawareness of concealed drugs	Court: Sufficient evidence of constructive possession; convictions upheld
Whether conviction is against manifest weight of the evidence	State: physical placement of drugs and tied bag support reasonable inference of defendant’s knowledge and control	Martinez-Castro: location under seat and lack of vehicle ownership show lack of knowledge/possession	Court: Not an exceptional case; evidence does not weigh heavily against conviction
Whether trial court’s sentencing and merger were improper	State: merger and sentence appropriate based on convictions	Martinez-Castro: (no successful challenge on appeal)	Court: Affirmed merger, sentence, and fines

State v. Gonzales, 150 Ohio St.3d 276 (2017) (holding entire compound, including fillers, counts toward cocaine weight penalty)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (standards for sufficiency and appellate review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency-of-evidence standard and inferences for conviction)
State v. Hankerson, 70 Ohio St.2d 87 (1982) (constructive possession definition)
State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (manifest-weight review standard)
Simon v. Zipperstein, 32 Ohio St.3d 74 (1987) (lower courts bound by Ohio Supreme Court precedent)