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State v. Crossen

Court of Appeals of Ohio, Fifth District, Ashland

May 22, 2017

STATE OF OHIO Plaintiff-Appellee
v.
JAMES E. CROSSEN Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 16-CRI-023

          For Plaintiff-Appellee CHRISTOPHER E. BALLARD.

          For Defendant-Appellant MATTHEW J. MALONE.

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Plaintiff-Appellant, James Eric Crossen, appeals his July 14, 2016 conviction entry and August 30, 2016 sentencing entry of the Court of Common Pleas of Ashland County, Ohio. Defendant-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On March 18, 2016, the Ashland County Grand Jury indicted appellant on one count of possession of heroin in violation of R.C. 2925.11, one count of possessing criminal tools in violation of R.C. 2923.24, and one count of possessing drug abuse instruments in violation of R.C. 2925.12. Said charges arose from the execution of an arrest warrant for appellant's girlfriend, Amber Morris, at the home of appellant's mother and stepfather.

         {¶ 3} A jury trial commenced on July 12, 2016. The jury found appellant guilty of the possession of heroin and possessing drug abuse instruments counts, and not guilty of the possessing criminal tools count. By judgment entry filed August 30, 2016, the trial court sentenced appellant to an aggregate term of twelve months in prison.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 5} "APPELLANT'S CONVICTIONS WERE AGAINST THE MANIFEST WEIGHT AND SUFFICIENCY OF THE EVIDENCE."

         I

         {¶ 6} In his sole assignment of error, appellant claims his convictions for possession of heroin and possessing drug abuse instruments were against the ...


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