State v. Owens, Unpublished Decision (9-29-2004)
State v. Owens, Unpublished Decision (9-29-2004)
Opinion of the Court
Defendant-appellant Terrell Owens's sole assignment of error alleges that his conviction for possession of cocaine was against the manifest weight of the evidence. Owens also argues that his conviction was based upon insufficient evidence.
The arresting officers testified that they observed Owens and another individual engaged in what appeared to be a drug transaction. One officer observed Owens drop something from his hand The officer found a rock of crack cocaine at Owens's feet. Owens made a statement to police that he was not selling cocaine. Owens stated that he smoked crack cocaine and that if he had known the officers were present, he would have eaten the cocaine.
We hold that the evidence, viewed in a light most favorable to the state, could have convinced a rational trier of fact that Owens was guilty beyond a reasonable doubt of possessing cocaine. See State v. Jenks (1991),
The weight to be given the evidence and the credibility of the witnesses are primarily for the trier of fact. See State v.DeHass (1967),
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.
Winkler, P.J., Doan and Hildebrandt, JJ.
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