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State v. Hale

Court of Appeals of Ohio, Fifth District, Richland

May 9, 2018

STATE OF OHIO, Plaintiff-Appellee
v.
ROBERT J. HALE, Defendant-Appellant

          Apeal from the Court of Common Pleas, Case No. 2017CR0373

          For Plaintiff-Appellee JOSEPH C. SNYDER

          For Defendant-Appellant DANIEL Z. INSCORE

          Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, 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 Ohio.

         FACTS 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 passenger seat.

         {¶ 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 follows:

         I

         {¶ 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 ...


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