State v. Stallworth
2011 Ohio 4492
Ohio Ct. App.2011Background
- In July 2008, confidential informants purchased crack cocaine from 1231 Marcy Street for the Akron PD.
- The residence belonged to Katie Mapp; Stallworth cared for the home for Mapp during her rehabilitation.
- Warrants were executed July 9, 2008; Stallworth and cousin Darius Mapp exited the home and were arrested.
- A search uncovered firearms, ammunition, a digital scale, razor blades, sandwich bags, and other drug‑related items in the northeast bedroom.
- A laptop and Stallworth’s documents were found; informants had previously bought crack from the residence.
- Stallworth was indicted on four counts (illegal manufacturing of crack cocaine, possession of criminal tools, possession of cocaine, and having a weapon while under disability) with attendant forfeiture specifications; he was convicted of three counts and the forfeiture issue was resolved in his favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Stallworth ownership/participation not proven. | No direct DNA/fingerprint linkage; evidence insufficient. | Sufficient evidence supports convictions |
| Costs and court‑appointed attorney fees after resentencing | Costs and fees improperly assessed without proper notice/authorization. | Attorney fees improperly imposed via nunc pro tunc entry beyond scope of remand. | Remand for costs waiver; fees portion of entry vacated; original sentence intact |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency standard; rational trier of fact could convict)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency is a test of adequacy)
- State v. Otten, 33 Ohio App.3d 339 (1986) (weight of the evidence; thirteenth juror standard)
- State v. Singleton, 124 Ohio St.3d 173 (2009) (post‑release control corrections; notice and procedure)
- State v. Fischer, 128 Ohio St.3d 92 (2010) (post‑release control defect correction; jurisdictional limits)