State v. McCray, Unpublished Decision (9-29-2004)
State v. McCray, Unpublished Decision (9-29-2004)
Opinion of the Court
Defendant-appellant Evan McCray appeals from his conviction, following a bench trial,1 for trafficking in cocaine, in violation of R.C.
McCray argues that the trial court erred in admitting expert testimony from the four police officers to prove that McCray was offering to sell drugs and that the substance seen by the uniformed officers was crack cocaine. While the state did not qualify the officers as expert witnesses, McCray's objections at trial, made with reference to cases dealing with the reliability of expert testimony, were indicative of his belief that the officers were testifying as experts. It is preferable for the trial court to explicitly find that a witness qualifies as an expert. But where the officers' testimony related to knowledge of criminal practices beyond the scope of a lay person, "we can infer from the record that the trial court considered them to be experts."2 State v. Rangel (2000),
Here, the trial court did not abuse its discretion in admitting the officers' expert testimony. See State v. Williams (1983),
In three interrelated assignments of error, McCray challenges the weight and the sufficiency of the evidence presented at trial to support his conviction. Our review of the record fails to persuade us that the trial court, sitting as the trier of fact, clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. See State v. Thompkins,
McCray highlighted limitations in the testimony of the witnesses, including the undercover officers' interpretation of his hand gesture. The trial court was entitled to reject McCray's theory that, when approached by the uniformed officers, he was placing his false teeth in his mouth rather than disposing of the evidence of a crime. As the weight to be given the evidence and the credibility of the witnesses was primarily for the trier of fact to determine, see State v. DeHass (1967),
The record reflects substantial, credible evidence from which the trial court could have reasonably concluded that the state had proved all elements of the charged crime beyond a reasonable doubt, including evidence that McCray was knowingly offering to sell cocaine. The recovery of a controlled substance is not a prerequisite for conviction. Where the seller of a drug purports it to be a controlled substance, then he has knowingly offered for sale a controlled substance even if the seller knows the product is counterfeit or fake. See State v. Scott (1982),
Moreover, the trial court properly denied McCray's motion for a judgment of acquittal, when reasonable minds could have reached different conclusions as to whether each element of the crime charged had been proved beyond a reasonable doubt. See Crim.R. 29; see, also, State v. Bridgeman (1978),
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 and Sundermann, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.