State v. Smith, Unpublished Decision (8-8-2002)
State v. Smith, Unpublished Decision (8-8-2002)
Opinion of the Court
The state's evidence showed that police officers with the Cuyahoga Metropolitan Housing Authority (CMHA) received information from an informant that Smith had been dealing large quantities of PCP. The informant telephoned Smith and arranged to buy $800 in PCP at an arranged site. Smith would be driving a green sport utility vehicle. The police gathered in a position to witness the transaction and saw Smith arrive in a vehicle as described. The informant approached Smith's vehicle and gave an immediate signal to indicate that Smith did possess PCP. The officers moved in to make an arrest. Smith saw the officers approaching and threw a piece of pink tissue paper out the car window. The officers discovered that the tissue paper held a vial that contained liquid PCP. Although the vial broke when it hit the ground, the police believed the liquid remains of the PCP indicated that the vial had been full when thrown from the car.
A claim that a verdict is unsupported by sufficient evidence requires us to consider whether the state presented evidence which, viewed in a light most favorable to the state, would permit any rational trier of fact to establish all the elements of an offense. See Jackson v. Virginia (1979),
The state produced evidence to show that the police decided to set up a drug buy because they had received information that a male had been selling large quantities of PCP on CMHA premises. That Smith was willing to sell $800 worth of PCP indicated that he knew this large quantity would be used further down the chain by the informant. This was sufficient evidence from which the jury could infer that he was preparing the drugs for sale.
R.C.
The evidence showed that the police watched the informant dial a telephone number and speak with Smith. After confiscating Smith's cell phone, the officers dialed that same number and watched it ring on Smith's cell phone. The state proved that Smith used the cell phone to sell PCP; hence, the state presented sufficient evidence to show that Smith purposely used the cell phone criminally.
Keeping in mind that the weight to be given evidence and the credibility of the witnesses are determinations to be made by the triers of fact, see State v. Thomas (1982),
We also reject any contention that the state needed to produce the informant in order to win a conviction. The state correctly points out that an informant's identity must be revealed to a criminal defendant when the testimony of the informant is vital to establishing an element of the crime or would be helpful or beneficial to the accused in preparing or making a defense to criminal charges. See State v. Williams (1983),
The informant's identity was not crucial to the defense. The police could competently testify to what they heard when the informant spoke to Smith by telephone. State v. Blevins (1987),
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
MICHAEL J. CORRIGAN PRESIDING JUDGE ANN DYKE, J., and TERRENCE O'DONNELL, J., CONCUR.
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