State v. McCoy
2011 Ohio 6592
Ohio Ct. App.2011Background
- McCoy was indicted in Summit County for trafficking in heroin near a school and driving under suspension, related to an August 31, 2009 Circle K sale.
- At trial, Williams testified McCoy sold her heroin for $80; heroin was later recovered and tested as containing heroin.
- Detectives Schmidt, Danzy, and Williams testified to surveillance, arrest, and confiscation of cash and the baggie of heroin.
- The State proved the sale occurred within 1000 feet of Hope Academy, a school, via map measurements totaling 372 feet.
- McCoy pleaded guilty to driving under suspension; the jury convicted him of trafficking in heroin near a school, with $80 forfeiture.
- The trial court sentenced McCoy to 18 months; McCoy timely appealed challenging sufficiency and weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for trafficking near a school | McCoy challenged sufficiency; argues no adequate proof of sale near school. | McCoy contends evidence fails to prove the elements beyond a reasonable doubt. | No error; evidence sufficient to support conviction. |
| Conviction against the manifest weight of the evidence | McCoy asserts the verdict is against the weight of the evidence. | McCoy claims credibility issues render the verdict unreasonable. | Not contrary to weight of the evidence; conviction affirmed. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (sufficiency review is de novo)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court 1991) (standard for sufficiency: any rational trier could find guilt beyond a reasonable doubt)
- State v. Shue, 97 Ohio App.3d 459 (Ohio App. Dist. 9th 1994) (credibility and factual disputes reside with the trier of fact)
- State v. Otten, 33 Ohio App.3d 339 (Ohio App. Dist. 9th 1986) (weight of the evidence and credibility review)