State v. Pamplin, Unpublished Decision (6-12-2000)
State v. Pamplin, Unpublished Decision (6-12-2000)
Opinion of the Court
OPINION
On February 3, 1999, Akron Police Department detectives Pamela Lewis and Allen Stump arranged a controlled buy of crack-cocaine from a residence at 1039 Marion, in Akron. Rita Marsh was used a source, who purchased the crack-cocaine. Detective Lewis searched Marsh before the buy, providing her $40 and a wire. When Marsh first approached the residence, she was told to come back in 30 minutes, as a man inside the house was being placed under house arrest at the time. She returned 30 minutes later, where she purchased two rocks of crack-cocaine for $40 from a female who identified herself as "Red." Marsh gave the police detective a description of "Red" following the purchase. At the police station, Detective Stump entered the alias "Red" into the computer. The computer retrieved three individuals. Appellant Margo J. Pamplin met the description provided to police by Rita Marsh. Detective Stump then showed Marsh a photograph of appellant, who Marsh identified as the person who sold her the crack-cocaine. On February 12, 1999, a search warrant was executed at the residence. Detective Stump found a gun, ammunition, two bags of marijuana in the bedroom where appellant was found, a bag of marijuana in the living room, and a scale in the living room. Appellant was 17 years old at the time of the offense. She was charged in the Summit County Common Pleas Court, Juvenile Division, with delinquency by reason of trafficking in cocaine and occupying a drug premise. Following a trial in the Summit County Juvenile Court, appellant was found delinquent by reason of trafficking in cocaine, and occupying a drug premise. However, because appellant was a resident of Stark County, the case was certified to the Court of Common Pleas, Family Court Division, in Stark County for disposition, pursuant to Juv. R. 11. The case proceeded to disposition in the Stark County Family Court. Appellant was committed to the Department of Youth Services for a minimum of six months. Appellant assigns a single error on appeal:APPELLANT'S DELINQUENCY ADJUDICATION ON ONE COUNT OF TRAFFICKING IN COCAINE, A FELONY OF THE FOURTH DEGREE, WAS NOT SUPPORTED BY SUFFICIENT EVIDENCE AND WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
Appellant argues that the finding of delinquency is not supported by sufficient evidence, and is against the manifest weight of the evidence. The legal concepts of sufficiency of the evidence and weight of the evidence are both quantitatively and qualitatively different. State v. Thompkins (1997),
The judgment of the Stark County Common Pleas Court, Family Court Division, is affirmed.
FARMER, J. and WISE, J. CONCUR.
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