Court of Appeals of Ohio, Fifth District, Richland
from the Court of Common Pleas, Case No. 2017CR0373
Plaintiff-Appellee JOSEPH C. SNYDER
Defendant-Appellant DANIEL Z. INSCORE
John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E.
Wise, Jr., J.
1} Defendant-Appellant, Robert J. Hale, appeals his September
12, 2017 conviction and sentence by the Court of Common Pleas
of Richland County, Ohio. Plaintiff-Appellee is the state of
AND PROCEDURAL HISTORY
2} On March 26, 2017, police pulled over a vehicle being
driven by Garrett Black. Appellant was riding in the front
passenger seat. Mr. Black gave police consent to search the
vehicle. A bag of cocaine was discovered underneath the front
3} On June 12, 2017, the Richland County Grand Jury indicted
appellant on one count of possession of cocaine in violation
of R.C. 2925.11.
4} A jury trial commenced on September 7, 2017. At the
conclusion of the state's case, appellant moved for a
Crim.R. 29 acquittal which was denied. The jury found
appellant guilty as charged. By sentencing entry filed
September 12, 2017, the trial court sentenced appellant to
twelve months in prison.
5} Appellant filed an appeal and this matter is now before
this court for consideration. Assignments of error are as
6} "THE TRIAL COURT ERRED WHEN IT DENIED DEFENDANT'S
CRIM.R. 29 MOTION FOR ACQUITTAL BECAUSE THE STATE FAILED TO
PROVIDE SUFFICIENT AND (SIC) EVIDENCE OF THE ELEMENT OF
POSSESSION BEYOND A REASONABLE DOUBT. FURTHER, THE GREATER