State v. Boyles, Unpublished Decision (2-5-2003)
State v. Boyles, Unpublished Decision (2-5-2003)
Opinion of the Court
{¶ 2} Defendant-appellant, Casey A. Boyles, appeals from convictions for possession of cocaine pursuant to R.C.
{¶ 3} In his first assignment of error, Boyles states that the trial court erred in finding him guilty of the lesser-included offense of possession of between one hundred and five hundred grams of cocaine based solely upon Boyles's out-of-court statement. He argues that, under the corpus delicti rule, Boyles's out-of-court confession was not sufficient by itself to sustain the conviction. This assignment of error is not well taken.
{¶ 4} The "corpus delicti" is the body or substance of the crime, which includes two elements: the act and the criminal agency of the act.State v. Van Hook (1988),
{¶ 5} Boyles was charged with possession of drugs pursuant to R.C.
{¶ 6} While the evidence was undoubtedly thin as to Boyles's interest in the cocaine in the storage unit before the admission of his confession, it was sufficient to meet the minimal standard of the corpus delicti rule. Further, Boyles failed to object to the admission of the confession into evidence on that basis, and we cannot hold that any error in its admission rose to the level of plain error. See State v. Wickline
(1990),
{¶ 7} In his second assignment of error, Boyles contends that the state presented insufficient evidence to support his convictions for possession of cocaine and trafficking in marijuana. His argument related to the possession-of- cocaine conviction is largely a restatement of his argument in his first assignment of error. However, in that assignment of error we held that the trial court did not err in admitting his confession where he acknowledged possession of seven to eighteen ounces, approximately 198 to 500 grams, of cocaine found in the storage unit. Consequently, the state's evidence, when viewed in a light most favorable to the prosecution, could have convinced a rational trier of fact that Boyles knowingly possessed cocaine in an amount equal to or exceeding 100 but less than 500 grams. It was, therefore, sufficient to support his conviction for possession of cocaine pursuant to R.C.
{¶ 8} Similarly, the state's evidence, when viewed in a light most favorable to the prosecution, could have convinced a rational trier of fact that Boyles knowingly prepared for shipment, shipped, transported, delivered, prepared for distribution or distributed marijuana when he knew or had reasonable cause to believe that it was intended for sale or resale. Consequently, the evidence was sufficient to support his conviction for trafficking in marijuana pursuant to R.C.
{¶ 9} In his third assignment of error, Boyles contends this his convictions were against the manifest weight of the evidence. After reviewing the evidence, we cannot hold that the trier of fact lost its way and created such a manifest miscarriage of justice that we must reverse Boyles's convictions and order a new trial. Therefore, his convictions were not against the manifest weight of the evidence. SeeState v. Thompkins,
{¶ 10} In his fourth assignment of error, Boyles contends that the trial court erred in admitting irrelevant evidence. He claims that the trial court should not have admitted into evidence two kilograms of cocaine from Thomas's storage unit, various receipts bearing Boyles's name recovered from the master bedroom of his mother's house, and currency also recovered from the master bedroom. This assignment of error is not well taken.
{¶ 11} The admission or exclusion of relevant evidence rests within the discretion of the trial court. An appellate court will not disturb a decision of the trial court to admit or exclude evidence absent an abuse of discretion and a showing that the accused has suffered material prejudice. State v. Sage (1987),
{¶ 12} The disputed items were circumstantial evidence tending to show that Boyles was trafficking in drugs. See State v. Lyles (1989),
{¶ 13} Further, since this case involved a bench trial, we must presume that the trial court relied only on relevant, material and competent evidence in arriving at its judgment unless the record affirmatively demonstrates the contrary. State v. Post (1987),
{¶ 14} In his fifth assignment of error, Boyles contends that the trial court erred in sentencing him to serve consecutive sentences. He argues that although the trial court made the required findings, it did not give its reasons for making those findings as required by R.C.
{¶ 15} 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.
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