State v. Julious, Unpublished Decision (5-17-2000)
State v. Julious, Unpublished Decision (5-17-2000)
Opinion of the Court
In his first assignment of error, Julious argues that the finding of guilt as to the location of the offense was based upon insufficient evidence and was contrary to the manifest weight of the evidence. In the review of the sufficiency of the evidence to support a conviction, the relevant inquiry for the appellate court "is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the elements of the crime beyond a reasonable doubt."1 To reverse a trial court's judgment as against the manifest weight of the evidence, a reviewing court must review the entire record, weight the evidence and all reasonable inferences, and conclude that, in resolving the conflicts in the evidence, the trier of fact clearly lost its way and created a manifest miscarriage of justice.2
At trial, the police officers testified that they were very familiar with the area in which the offense occurred and that the location of the sale was well within 1000 feet of an elementary school. Although the officers conceded that they had not physically measured the distance to the school from the location at which Julious had sold cocaine to an undercover officer, they testified that they had made similar measurements in support of other drug cases. The finding of guilt as to the location of the offense was therefore in accordance with the evidence, and the first assignment of error is overruled.
In his second, and final, assignment of error, Julious complains that the lower court abused its discretion by imposing the maximum sentence of eighteen months' incarceration. A trial court may impose the maximum term of incarceration only if it finds that the offender committed the worst form of the offense or that the offender poses the greatest likelihood of recidivism.3
In the case at bar, the court found that both statutory factors were present. Julious argues, however, that the record does not support the findings. We disagree. As the trial court noted at the sentencing hearing, Julious's record includes numerous juvenile delinquency adjudications and adult convictions. Many of those involve drug-related offenses. Moreover, Julious was on community control at the time of this trafficking offense. Thus, the record supports the lower court's finding as to the likelihood of recidivism.
Having held that the record supports the finding with respect to the likelihood of recidivism, we need not address Julious's arguments concerning the worst form of the offense. The trial court need only find one of the factors enumerated in R.C.
WINKLER and SHANNON, JJ.______________________________ HILDEBRANDT, PRESIDING JUDGE
Raymond E. Shannon, retired, of the First Appellate District, sitting by assignment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.