State v. Stubbs, 2014 Ohio 3791

Stubbs was convicted by jury of having a weapon under a disability, a felony of the third degree.
A handgun was found in an unzipped pink purse on the backseat floor of a car in which Stubbs sat, not on his person.
Police pursued Stubbs after observing activity following a traffic stop and identified him via an active arrest warrant.
The purse reportedly had been on Stubbs’ seat before he entered the vehicle; witnesses disputed ownership of the gun.
The case centers on whether it was reasonable to infer possession of the firearm by Stubbs given the vehicle context and witness testimony.
Appellant argues the verdict is against the manifest weight of the evidence and challenges the 30-month sentence; the court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the verdict against the manifest weight?	Stubbs argues no gun on his person undermines guilt.	State asserts possession can be proven by circumstance in a vehicle.	No manifest weight error; reasonable jurors could find possession.
Was the 30-month sentence an abuse of discretion?	Stubbs contends factors favoring leniency and rehabilitation weigh against this term.	State argues sentencing within range and supported by seriousness and recidivism factors.	Sentence within range; no abuse of discretion; factors support custodial term.

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (weight of the evidence defers to the jury; credibility assessed by trier of fact)
State v. McCrary, 2014-Ohio-1468 (7th Dist. 2014) (manifest weight review highly deferential to jury findings)
State v. Whitaker, 2008-Ohio-4149 (4th Dist. 2008) (gun found in multi-passenger car upheld possession conviction)
State v. Turner, 2007-Ohio-3916 (8th Dist. 2007) (gun found under a seat after furtive movements; upholds conviction)
State v. Harris, 2007-Ohio-3916 (8th Dist. 2007) (overturning in similar multi-passenger car scenario due to lack of suspicious behavior)