State v. Johnson, Unpublished Decision (9-5-2001)
State v. Johnson, Unpublished Decision (9-5-2001)
Opinion of the Court
Defendant-appellant Dion L. Johnson appeals from his conviction, following a jury trial, for his possession of cocaine, in violation of R.C.
A review of a sufficiency-of-the-evidence challenge requires us to determine whether the evidence, viewed in a light most favorable to the state, could have convinced any reasonable trier of fact beyond a reasonable doubt that the defendant had committed the offense for which he was convicted. See State v. Jenks (1991),
R.C.
Officer Fern immediately jumped out of the cruiser with his gun drawn, came around closer to the appellant, and saw the appellant trying to shove the baggie into a hubcap. Officer Cummings testified that when she heard her partner scream, "Let me see your hands," and saw him draw his weapon out, she exited from the cruiser and proceeded to handcuff the appellant as ordered. She saw the appellant pull his hand away from the hubcap. She then saw the baggie in the hubcap and retrieved it. The coroner's lab report, which identified the substance in the baggie as 7.38 grams of crack cocaine, was stipulated to by all parties at trial. In viewing the evidence in a light most favorable to the state, we hold that a rational trier of fact could have found that the state had proved all the elements for the possession of drugs beyond a reasonable doubt.
Our review of the record further persuades us that the jury, acting as the trier of fact and resolving the various factual disputes in the testimony, did not clearly lose its way and create such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. See Tibbs v. Florida (1982),
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Gorman, P.J., Sundermann and Winkler, JJ.
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