State v. Adams, Unpublished Decision (9-24-1999)
State v. Adams, Unpublished Decision (9-24-1999)
Opinion of the Court
This is an appeal from the Pickaway County Court of Common Pleas, which convicted appellant Martin Ray Adams on two counts of cocaine trafficking and one count of marijuana trafficking. The appellant assigns two errors for our review:
Assignment of Error #1 The trial court abused its discretion when it denied appellant's motion for a mistrial based on prejudicial testimony from the state's witness regarding appellant's criminal history.
Assignment of Error #2 Defendant-Appellant was denied a fair trial because there was insufficient evidence to support the guilty verdict.
Finding neither assignment of error meritorious, we affirm the appellant's conviction on all counts.
The prosecution presented Mr. Skeeter as its principal witness during trial. Mr. Skeeter testified that he became acquainted with the appellant during the course of the undercover operation and learned of the appellant's involvement with drugs. Mr. Skeeter's testimony revealed three drug transactions involving the appellant in a three-month period. On two separate instances, Mr. Skeeter gave money to the appellant in exchange for cocaine. On each occasion, the appellant took the money and delivered cocaine to Mr. Skeeter. On another occasion, Mr. Skeeter testified that he gave the appellant money in exchange for marijuana.
The prosecution also presented testimony from Detective Jack Clark of the Circleville Police Department. Detective Clark served as Mr. Skeeter's "contact point" for the undercover investigation and met with Mr. Skeeter periodically to collect evidence from the undercover operation. Mr. Skeeter also revealed to Detective Clark the identities of individuals involved in drug activity. During the prosecution's direct examination, Detective Clark testified to learning of the appellant's connection with the undercover investigation:
Q. [by the prosecutor] As part of your duties in coordinating this investigation, was it necessary for you at some point to obtain photographs or identification of persons in order for Andre to make identification of an individual?
A. [by Detective Clark] Yes.
Q. What would you do in that case?
A. Normally, I would base the identification on the name of the individual that come [sic] up by way of Andre. When he mentioned the name Marty Adams, my previous experience in the years at the police department immediately clicked with me that I do, in fact, know who Marty Adams is.
The appellant's trial counsel2 objected to this testimony and moved for a mistrial. The defense argued that Detective Clark's testimony "was a pretty implicit comment to indicate that he is a criminal in town and has a reputation for being a criminal in town" and therefore constituted impermissible character evidence under Evid.R. 404(A). The court denied the motion, but instructed the jury to disregard Detective Clark's comment regarding his familiarity with the appellant.
The jury returned guilty verdicts on each of the drug trafficking counts charged in the indictment. The trial court sentenced the appellant to six months imprisonment on each count, with the terms to be served consecutively. The appellant commenced this appeal.
The granting or denying of a motion for mistrial rests within the sound discretion of the trial court. State v. Sage (1987),
The appellant argues that Detective Clark's comment improperly referred to the appellant's prior criminal history, thereby creating unfair prejudice. However, any argument that a witness' comment has created such bias "ordinarily has a high threshold, which is not attainable * * * without a demonstration that such added information achieved a probable shocking impact upon the jurors." State v. Zuern (1987),
The scant possibility of prejudice to the appellant is further undermined by the trial court's immediate instruction to the jury to disregard Detective Clark's comment. When analyzing the propriety of a mistrial, it is presumed that the jury will follow instructions given by the trial judge with respect to improper comments by a witness. Id. citing State v. Loza (1994),
The first assignment of error is overruled.
The "sufficiency" of evidence refers to the legal standard applied to determine whether the case may go to the jury, i.e. whether the evidence is legally sufficient to support the jury verdict as a matter of law. State v. Thompkins (1997),
The appellant's only argument supporting his insufficiency of evidence challenge focuses on Mr. Skeeter as a prosecution witness. The appellant urges us to find the evidence insufficient to support a conviction because Mr. Skeeter was not a credible witness. This argument is incompatible with our standard of reviewing the sufficiency of evidence. A sufficiency of the evidence analysis is a question of law that does not allow courts to independently weigh the evidence. State v. Martin (1983),
The appellant's brief expressly limits the second assignment of error to a challenge based on the sufficiency of the evidence.
The appellant's argument under this assignment, however, is better suited to a contention that his conviction is against the manifest weight of the evidence. The difference between a "sufficiency" challenge and a "manifest weight" challenge is substantial and not merely semantical. State v. Roberts (Mar. 11, 1999), Washington App. No. 98CA21, unreported. While a "sufficiency" challenge tests whether a state's case is legally adequate to go to the jury, a "weight" of the evidence argument concerns the "rational persuasiveness" of the evidence and tests whether the evidence was enough to sustain the state's burden of proof. See State v. Thompkins, supra,
Our role in a manifest weight of the evidence inquiry is to determine whether the evidence produced at trial "attains the high degree of probative force and certainty required of a criminal conviction." State v. Getsy (1998),
The appellant's argument focuses entirely on Mr. Skeeter's credibility as a witness. The appellant contends that the jury erred in finding him to be credible. The appellant insists that Mr. Skeeter was somehow biased because the Circleville Police Department paid him for the undercover work and because Mr. Skeeter's success depended upon the number of arrests he made. This contention is without merit. Even though a manifest weight of the evidence challenge requires us to review the record and weigh the evidence, our review is tempered by the principle that questions of weight and credibility are primarily for the trier of fact. State v. DeHass (1967),
Finding none of the appellant's assignments of error meritorious, we affirm the judgment of the trial court.
JUDGMENT AFFIRMED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Pickaway County Common Pleas Court to carry this judgment into execution.
IF A STAY OF EXECUTION OF SENTENCE AND RELEASE UPON BAIL HAS BEEN PREVIOUSLY GRANTED BY THE TRIAL COURT OR THIS COURT, it is temporarily continued for a period not to exceed sixty days upon the bail previously posted. The purpose of a continued stay is to allow Appellant to file with the Ohio Supreme Court an application for a stay during the pendency of proceedings in that court. If a stay is continued by this entry, it will terminate at the earlier of the expiration of the sixty day period, or the failure of the Appellant to file a notice of appeal with the Ohio Supreme Court in the forty-five day appeal period pursuant to Rule II, Sec. 2 of the Rules of Practice of the Ohio Supreme Court. Additionally, if the Ohio Supreme Court dismisses the appeal prior to expiration of sixty days, the stay will terminate as of the date of such dismissal.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Kline, P.J. Evans, J.: Concur in Judgment and Opinion.
For the Court
BY: ________________________ William H. Harsha, Judge
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