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State v. Johnson

Court of Appeals of Ohio, Ninth District

July 24, 2013

STATE OF OHIO Appellee
v.
JEROME ALLEN JOHNSON Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 12 05 1289 (A)

JEFFREY N. JAMES, Attorney at Law, or Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

CARR, J. WHITMORE, J. CONCUR.

DECISION AND JOURNAL ENTRY

BELFANCE, Presiding Judge.

{¶1} Defendant-Appellant Jerome Allen Johnson appeals from his conviction in the Summit County Court of Common Pleas. For the reasons set forth below, we affirm.

I.

{¶2} In May 2012, Mr. Johnson was indicted on one count of trafficking in cocaine in violation of R.C. 2925.03(A)(C)(4), a fifth-degree felony. The matter proceeded to a jury trial and Mr. Johnson was found guilty of the charge. The trial court sentenced Mr. Johnson to 36 months of community control and fined him $500. If Mr. Johnson violated community control, the court indicated that Mr. Johnson could face up to 12 months in prison. Mr. Johnson has appealed, raising a single assignment of error for our review.

II.

ASSIGNMENT OF ERROR
APPELLANT'S CONVICTION FOR TRAFFICKING IN COCAINE WAS BASED UPON INSUFFICIENT EVIDENCE AS A MATTER OF LAW, AND WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

{¶3} Mr. Johnson asserts his conviction was based upon insufficient evidence as there was not enough evidence to connect him to the crime. He asserts his conviction is against the manifest weight of the evidence because the testimony of his alleged accomplice, Dontez Trammer, proves that Mr. Johnson did not provide Mr. Trammer with any cocaine. We do not agree.

Sufficiency of the Evidence

{¶4} "Whether a conviction is supported by sufficient evidence is a question of law that this Court reviews de novo." State v. Williams, 9th Dist. Summit No. 24731, 2009-Ohio- 6955, ¶ 18, citing State v. ...


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