State v. Wimbush, 2016 Ohio 7567

On June 5, 2014, confidential informant Brian Boroski purchased .95 grams of cocaine from Thomas Wimbush during a controlled buy at a Church's Chicken in Mansfield; detectives observed and recorded the transaction. A small child was seen in Wimbush's car during that sale. The substance tested positive for cocaine.
On June 17, 2014, Boroski conducted controlled calls with Wimbush arranging another purchase; Wimbush left Church's Chicken and attempted to arrange a meet elsewhere but the buy was called off by detectives. Boroski testified the planned transaction involved "stuff" meaning cocaine.
Wimbush was indicted on two counts of drug trafficking (R.C. 2925.03(A)(1) & (C)(4)(b)): Count 1 (fourth-degree felony) for trafficking in the vicinity of a juvenile (June 5 sale) and Count 2 (fifth-degree felony) for trafficking/offering to sell (June 17 offer).
A jury convicted Wimbush on both counts; the trial court sentenced him to consecutive prison terms (18 months + 12 months), post-release control, and restitution.
On appeal Wimbush challenged (1) sufficiency of the evidence, (2) manifest weight of the evidence, and (3) the legality of consecutive sentences for failure to make statutory findings under R.C. 2929.14(C)(4).
The appellate court affirmed the convictions (sufficiency and weight) but vacated and remanded for resentencing because the trial court failed to make the required R.C. 2929.14(C)(4) findings at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for trafficking in vicinity of a juvenile (June 5)	State: Evidence (Boroski and Detective Wheeler) established a juvenile was present in Wimbush's car during the sale.	Wimbush: Evidence of a juvenile's presence was unreliable/suspect.	Affirmed — viewed in the light most favorable to prosecution, a rational trier of fact could find a juvenile was present.
Sufficiency of evidence for offer to sell/trafficking (June 17)	State: Calls, arrangements, and Boroski's testimony that "stuff" meant cocaine show Wimbush offered to sell cocaine.	Wimbush: No completed sale and "stuff" was ambiguous; no cocaine recovered.	Affirmed — Ohio law allows conviction for an offer to sell; evidence sufficed.
Manifest weight of the evidence	State: Record includes recordings, video, eyewitness ID, and lab results supporting verdicts.	Wimbush: Witness inconsistencies and circumstantial gaps undermine verdicts.	Affirmed — appellate court will not reweigh credibility; this is not an exceptional case warranting reversal.
Legality of consecutive sentences	State: Trial court's comments and reliance on criminal history and seriousness justify consecutive terms.	Wimbush: Trial court failed to make the statutory findings required by R.C. 2929.14(C)(4).	Reversed in part — trial court did not make the required R.C. 2929.14(C)(4) findings at sentencing; sentence vacated and remanded for resentencing.

Jackson v. Virginia, 443 U.S. 307 (constitutional standard for sufficiency of the evidence)
McDaniel v. Brown, 558 U.S. 120 (reaffirming Jackson sufficiency standard)
Tibbs v. Florida, 457 U.S. 31 (role of appellate court as thirteenth juror on manifest weight)
Thompkins v. Ohio, 78 Ohio St.3d 380 (manifest weight standard in Ohio)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (presumptions and reasonable intendments in appellate review)
Jenks v. Ohio, 61 Ohio St.3d 259 (circumstantial evidence has same probative value as direct evidence)
Kalish v. Ohio, 120 Ohio St.3d 23 (prior framework for appellate review of felony sentences)
Bonnell v. Ohio, 140 Ohio St.3d 209 (trial court must make R.C. 2929.14(C)(4) findings at sentencing; reasons not required)
DeHass v. Ohio, 10 Ohio St.2d 230 (trial court best positioned to assess witness credibility)
Eastley v. Volkman, 132 Ohio St.3d 328 (standard for weighing evidence on appeal)