FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2016-03-0737-A
M. KILLE, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL JUDGE
Zakiya Delaney appeals her convictions from the Summit County
Court of Common Pleas. We affirm.
While conducting surveillance on a house for possible drug
activity, the police observed Ms. Delaney and her brother,
Andrew, leave the house in a rental vehicle. The police
performed a traffic stop on the vehicle and arrested both Ms.
Delaney and Andrew. Officers transported the siblings back to
the house, which was owned by their mother, and executed a
search warrant. According to a detective, their mother was
cooperative and directed the police to the southeast bedroom.
Upon searching the bedroom, the police discovered
methamphetamine, heroin, marijuana, digital scales, thousands
of dollars in cash, and a loaded gun. The police found the
loaded gun, as well as two digital scales, inside of a purse,
and discovered heroin and marijuana - as well Ms.
Delaney's credit card, insurance card, and social
security card - inside the pocket of a pair of jeans. A
detective testified that a large portion of the drugs were in
plain sight on top of a dresser, and that the police
discovered Ms. Delaney's driver's license in a cup on
top of that same dresser. The detective testified that the
scene was indicative of drug trafficking, as opposed to use,
given the amount of drugs present, which he described as
"a dealer's amount of dope[, ]" the number of
small baggies containing pre-measured drugs, the large amount
of cash present ($8, 322), and the presence of digital
scales. The detective further testified that the police
discovered no evidence indicating use, such as burnt spoons,
needles, or straws.
Another detective testified that Ms. Delaney admitted that it
was her bedroom, and that the jeans - as well as the
marijuana inside the pocket - were hers. She, however, denied
ownership of the heroin. That detective also testified that
Andrew admitted that the drugs were his. Andrew later
recanted, testifying that he only admitted that the drugs
were his because he did not want his mother and sister to go
to jail. Andrew further testified that he did not know whose
drugs they were, or whose gun it was, and surmised that it
could have belonged to one of Ms. Delaney's friends. Ms.
Delaney exercised her right to not testify.
The jury ultimately found Ms. Delaney guilty of aggravated
trafficking in drugs (methamphetamine), aggravated possession
of drugs (methamphetamine), trafficking in heroin, and
possession of heroin. The trial court merged the respective
possession convictions with the trafficking convictions, and
the State elected to proceed with sentencing on the
trafficking convictions. The trial court imposed two-year
sentences on each trafficking count and ordered the sentences
to run concurrently. Ms. Delaney now appeals, raising four
assignments of error for our review. For ease of
consideration, we will address Ms. Delaney's second
assignment of error first.
OF ERROR II
THE TRIAL COURT ERRED WHEN IT OVERRULED A TIMELY DEFENSE
MOTION FOR ACQUITTAL PURSUANT TO CRIMINAL RULE 29 AS THERE
WAS NOT SUFFICIENT EVIDENCE PRESENTED BY THE STATE OF OHIO TO
ESTABLISH A PRIMA FACIE CASE OF THE CRIMES CHARGED TO WARRANT
THE CASE BEING SUBMITTED TO THE JURY.
In her second assignment of error, Ms. Delaney asserts that
her convictions were not supported by ...