State v. Taylor, Unpublished Decision (12-20-2007)
State v. Taylor, Unpublished Decision (12-20-2007)
Opinion of the Court
{¶ 2} Appellant assigns the following errors for review:
FIRST ASSIGNMENT OF ERROR:
"THE JURY VERDICT ON THE ILLEGAL MANUFACTURE OF DRUGS WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE DENYING APPELLANT DUE PROCESS OF LAW." (Italics omitted.)
SECOND ASSIGNMENT OF ERROR:
"THE JURY VERDICT ON POSSESSING CRIMINAL TOOLS WAS AGAINST THE WEIGHT OF THE EVIDENCE DENYING APPELLANT DUE PROCESS OF LAW." (Italics omitted.)
THIRD ASSIGNMENT OF ERROR:
"THE JURY VERDICT ON POSSESSION OF COCAINE WAS AGAINST THE WEIGHT OF THE EVIDENCE DENYING APPELLANT DUE PROCESS OF LAW." (Italics omitted.)
FOURTH ASSIGNMENT OF ERROR:
"THE JURY VERDICT ON HAVING WEAPONS UNDER DISABILITY WAS AGAINST THE WEIGHT OF THE EVIDENCE DENYING APPELLANT DUE PROCESS OF LAW." (Italics omitted.)
FIFTH ASSIGNMENT OF ERROR:
"THE JURY VERDICT ON TRAFFICKING IN DRUGS WAS AGAINST THE WEIGHT OF THE EVIDENCE DENYING APPELLANT DUE PROCESS OF LAW." (Italics omitted.)
{¶ 3} On November 30, 2006, Portsmouth Police received a complaint about a "crack house" at 1221 Franklin Avenue.1 As they arrived at the house, one officer *Page 3 recognized appellant as he hurried out of the house and into a jeep to drive away. Appellant was detained, as were people in the house, while authorities obtained and executed a search warrant. The search of the house yielded numerous baggies with crack cocaine residue, a microwave oven with cocaine residue, digital scales and several firearms.
{¶ 4} Subsequently, the Scioto County Grand Jury returned an indictment charging appellant with the illegal manufacture of drugs, possession of criminal tools, possession of drugs, having a weapon under disability and trafficking in drugs. He pled not guilty to all five counts.
{¶ 5} At the jury trial, various Portsmouth police officers testified about the contraband found in the "crack house." Rob Harris, the house's owner, testified that he met appellant seven years earlier when he bought crack cocaine. Harris related that he and appellant entered into an arrangement whereby appellant would sell drugs from his home and, in exchange, sold Harris $100 "eight balls" which Harris would then parcel out and sell to others.2 Anything above the $100 price was profit for Harris to keep. Harris also testified that he observed appellant "cook" cocaine in the microwave and that several of the weapons in the home belonged to appellant.
{¶ 6} Rob Harris' sister, Elaine Harris, testified that appellant frequently "fronted" her with drugs to sell for him and that she also witnessed appellant "cook" cocaine at her brother's home.
{¶ 7} The jury found appellant guilty on all counts. The trial court sentenced *Page 4 appellant to serve five years in prison for the illegal manufacture of drugs, six months for the possession of criminal tools, twelve months for the possession of drugs, three years for having a weapon under disability and four years for trafficking. Except for the trafficking and possession sentences, which the court ordered to be served concurrently with each other, the court ordered the sentences to be served consecutively for a total of twelve and a half (12½) years imprisonment. This appeal followed.
{¶ 9} A jury is also in the best position to view witnesses and to observe their demeanor, gestures and voice inflections, and to use those observations to weigh witness credibility. See Myers v. Garson (1993),
{¶ 10} Appellant's first assignment of error asserts that his conviction for illegal manufacture of drugs is against the manifest weight of the evidence. We disagree.
{¶ 11} R.C.
{¶ 12} Appellant counters that Robert and Elaine Harris are both admitted crack addicts and acknowledge using the drug. However, their past or present drug use, and whether that activity taints their trial testimony, is a question for the jury to decide. The *Page 6 jury obviously found their testimony credible and we will not second-guess that conclusion.
{¶ 13} Accordingly, we hereby overrule appellant's first assignment of error.
{¶ 15} R.C.
{¶ 16} Once again, appellant points out that the only evidence that links those tools to him is the testimony of admitted drug addicts. Appellant further points out that the lack of physical evidence (e.g. finger prints) that connect him to those devices. We are not persuaded, however, that these issues renders the guilty verdicts suspect.
{¶ 17} The credibility of the Harris siblings, as mentioned above, is a question for the trier of fact. The jury found them to be credible and we are not persuaded that it "lost its way" in so finding. As for the lack of physical evidence to corroborate their testimony, appellant cites no authority that physical evidence is necessary to establish a violation of a criminal statute. Indeed, the weight of authority is to the contrary. See e.g. State v. Wright, columbiana App. No. 97CO35,
{¶ 18} Thus, we are not persuaded that the jury went astray by believing the testimony of Rob and Elaine Harris or in finding appellant guilty solely on the basis of that testimony.
{¶ 19} Accordingly, we hereby overrule appellant's second assignment of error.
{¶ 21} Appellant again counters that the testimony of the Harris siblings is suspect. However, as we noted above, that is a question for the jury. Appellant also points out that no fingerprints were found on used baggies of crack or the microwave to link appellant to the drug residue found in the "crack house." However, as noted in our resolution of appellant's second assignment of error, corroborating physical evidence is not necessary to establish a violation on these charges. The testimony of Rob and *Page 8 Elaine Harris, if believed, is sufficient.
{¶ 22} Accordingly, we hereby overrule appellant's third and fifth assignments of error.
{¶ 24} R.C.
{¶ 25} Accordingly, for these reasons, we hereby overrule appellant's fourth assignment of error.
{¶ 26} Having reviewed all errors assigned and argued in the brief, and finding merit in none, we hereby affirm the trial court's judgment.
JUDGMENT AFFIRMED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Scioto County Common Pleas Court to carry this judgment into execution.
If a stay of execution of sentence and release upon bail has been previously granted, it is continued for a period of sixty days upon the bail previously posted. The purpose of said stay is to allow appellant to file with the Ohio Supreme Court an application for a stay during the pendency of the proceedings in that court. The stay as herein continued will terminate at the expiration of the sixty day period.
The stay will also terminate if appellant fails to file a notice of appeal with the Ohio Supreme Court in the forty-five day period pursuant to Rule II, Sec. 2 of the Rules of Practice of the Ohio Supreme Court. Additionally, if the Ohio Supreme Court dismisses the appeal prior to the expiration of said sixty days, the stay will terminate as of the date of such dismissal.
A certified copy of this entry shall constitute that mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
McFarland, P.J. Harsha, J.: Concur in Judgment Opinion
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