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State v. Herron

Court of Appeals of Ohio, Sixth District

June 21, 2013

State of Ohio Appellee
v.
Tyreece Herron Appellant

Trial Court No. CR0201002511

Julia R. Bates, Lucas County Prosecuting Attorney, and David F. Cooper, Assistant Prosecuting Attorney, for appellee.

John F. Potts, for appellant.

DECISION AND JUDGMENT

OSOWIK, J.

{¶ 1} This is an appeal from a judgment of the Lucas County Court of Common Pleas, which following a jury trial found appellant guilty of one count of aggravated possession of drugs, in violation of R.C. 2925.11(A), a felony of the third degree, and one count of aggravated trafficking in drugs, in violation of R.C. 2925.03(A)(2), a felony of the second degree. Appellant was sentenced to four-year terms of incarceration on each of the convictions, to be served concurrently. For the reasons set forth below, the judgment of conviction is affirmed and the case is remanded for resentencing based upon appellant's convictions of two allied offenses of similar import.

{¶ 2} Appellant, Tyreece Herron, sets forth the following nine assignments of error:

I. IT CONSTITUTED ERROR TO DENY DEFENDANT'S MOTION TO SUPPRESS.
II. THE EVIDENCE WAS INSUFFICIENT TO ESTABLISH THE BULK AMOUNT.
III. THE EVIDENCE WAS INSUFFICIENT TO ESTABLISH THAT THE OFFENSE CHARGED IN COUNT TWO WAS COMMITTED IN THE VICINITY OF A JUVENILE.
IV. IT CONSTITUTED ERROR TO TREAT A STATUTORY EXEMPTION AS AN AFFIRMATIVE DEFENSE.
V. IT CONSTITUTED ERROR TO ADMIT EVIDENCE OF DR. LINARES' INDICTMENT, THE REVOCATION OF DR. HALL'S MEDICAL LICENSE AND RELATED MATTERS.
VI. DEFENDANT'S CONVICTION FOR AGGRAVATED TRAFFICKING WAS NOT SUPPORTED BY SUFFICIENT EVIDENCE AND/OR WAS AGAINST THE MANIFEST [SIC].
VII. THE JURY INSTRUCTIONS AS A WHOLE WERE SO INCOMPLETE AND AFFIRMATIVELY MISLEADING AS TO ...

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