State v. Crisp, 15-06-18 (6-25-2007)
State v. Crisp, 15-06-18 (6-25-2007)
Opinion of the Court
{¶ 2} On August 4, 2006, the Van Wert County Grand Jury indicted Crisp on one count each of knowingly conveying marijuana and Alprazolam onto the grounds of a detention facility. Crisp entered pleas of not guilty to both counts. On September 18, 2006, a jury trial was held. The jury returned guilty verdicts on both counts. On November 1, 2006, the trial court sentenced Crisp to four years in prison on each count with the sentences to be served concurrently. Crisp appeals from this judgment and raises the following assignments of error.
[Crisp's] conviction for illegal conveyance of drugs is fatally defective as the indictment failed to specify at least one substantial act undertaken in furtherance of a conspiracy.
The trial court erred as a matter of law by including a jury instruction on the elements of conspiracy.
{¶ 3} In both assignments of error, Crisp claims error due to a conviction for conspiracy. A review of the record indicates that Crisp was not convicted of conspiracy nor was an instruction given on conspiracy. The trial court instructed the jury on complicity, not conspiracy. "A charge of complicity may be stated in *Page 3
terms of this section, or in terms of the principal offense." R.C.
{¶ 4} The judgment of the Court of Common Pleas of Van Wert County is affirmed.
Judgment affirmed.
*Page 1ROGERS, P.J., and PRESTON, J., concur. r
Case-law data current through December 31, 2025. Source: CourtListener bulk data.