State v. White
2017 Ohio 8087
| Ohio Ct. App. | 2017Background
- Appellant Silvon White was indicted for second-degree felonies: possession and trafficking of heroin after a motor-vehicle crash on Aug. 5, 2015; a packaged substance later tested as heroin (≈49.315g) was recovered near the rental van.
- Troopers questioned driver Anthony Mays, passenger Amber Adkins (both later pled guilty), and White; Mays and Adkins said White (known as "Fifty") arrived from Detroit and gave Adkins the drugs to "hold" and told her to "stuff it."
- Adkins testified White gave her the heroin and instructed her to conceal it in her body; she said she could not fully "stuff" the package because of its size but had the package on her person during the trip.
- Trooper recordings and witness statements at the scene corroborated the account that White directed Adkins to carry the drugs; White made statements denying ownership and told Adkins not to speak in the patrol car.
- The lab criminalist testified the recovered substance contained heroin weighing 49.315 grams (± .012g).
- A jury convicted White of possession and trafficking; the trial court sentenced him to six years imprisonment with three years postrelease control. The Fourth District affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight — constructive possession | State: White knowingly exercised dominion and control by giving Adkins the heroin to carry; corroborated by Adkins, Mays and trooper recordings | White: mere presence in vehicle insufficient; Adkins couldn't actually "stuff" the package, so he lacked dominion/control | Affirmed: testimony that White gave the drugs to Adkins and directed her to transport them supported constructive possession; not mere presence |
| Quantity for felony grade | State: lab testified the substance weighed 49.315g, exceeding the 10g threshold for a 2nd-degree felony | White: record insufficient to show that heroin itself (not packaging) equaled ≥10g; cites cases limiting aggregate weight | Affirmed: lab testified to heroin weight well above 10g and no trial evidence of packaging affecting weight; felony-2 grading sustained |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for sufficiency review)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (weight of the evidence standard)
- Jenks v. Ohio, 61 Ohio St.3d 259 (sufficiency review under Ohio law)
- Hankerson v. State, 70 Ohio St.2d 87 (constructive possession—dominion and control)
- Tibbetts v. Ohio, 92 Ohio St.3d 146 (deference to jury conclusions when reasonable minds could reach verdict)