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State v. Idler

Court of Appeals of Ohio, Twelfth District, Brown

June 3, 2019

STATE OF OHIO, Appellee,
v.
ANITA IDLER, Appellant.

          CRIMINAL APPEAL FROM BROWN COUNTY COURT OF COMMON PLEAS Case Nos. CR2018-2004 and CR2018-2130

          Zachary A. Corbin, Brown County Prosecuting Attorney, Mary McMullen, for appellee

          Timothy Young, Ohio Public Defender, Craig M. Jaquith, for appellant

          OPINION

          PIPER, J.

         {¶ 1} Appellant, Anita Idler, appeals her convictions and sentence in the Brown County Court of Common Pleas for theft of a firearm, receiving stolen property, conveyance of drugs into a detention facility, and drug possession.

         {¶ 2} Idler knocked on the door of an 87-year-old-man and asked if she could use his phone. The victim allowed Idler into his apartment, but asked her to leave when he noticed that she was holding a cell phone in her hand. Instead of leaving, Idler picked up a muzzleloader pistol that was on display in the victim's living room. Idler inquired about the item and the victim told Idler that it was a pistol. Idler asked for a drink of water, and the victim went to his refrigerator and came back with a bottle of water. Idler then left the victim's home.

         {¶ 3} After Idler left the victim's home, he noticed that his muzzleloader pistol was gone.[1] The victim informed police of the theft and gave an officer a description of the woman. He also reported that the woman carried a large purse and was wearing boots with gray pants and a multi-colored jacket. The victim also described a unique ring the woman wore.

         {¶ 4} The victim was able to later identify Idler from photographs the officer showed him. The officer interviewed Idler, and she told him she had never been in the man's home. When the officer asked Idler to accompany him to the police station for questioning, Idler stated that she knew who had the gun and could get it back. Idler also told the officer that she and another person had stopped at the man's house the evening before. She further told the officer that the other person handled the gun while she used the phone.

         {¶ 5} Idler was indicted on theft and receiving stolen property and a deputy arrested her. The deputy searched Idler before placing her in a police crusier and found a wrench and several pennies. At the jail, a pat down revealed nothing on Idler's person. However, when Idler was preparing to shower and change into the jail uniform, a corrections officer observed a small plastic bag fall out of Idler's bra onto the floor. Idler told the corrections officer that the baggie contained methamphetamine residue and that she forgot the baggie was in her bra.

         {¶ 6} In two separate cases, which have been consolidated for purposes of appeal, Idler was charged with theft of a firearm, receiving stolen property, illegal conveyance of drugs into a detention facility, and possession of drugs. After a bench trial, the trial court found Idler guilty on all counts. The trial court sentenced Idler to an aggregate 60-month sentence. Idler now appeals her convictions and sentence, raising two assignments of error. As both assignments of error challenge the sufficiency of evidence supporting the convictions, we will address them together.

         {¶ 7} Assignment of Error No. 1:

         {¶ 8} MS. IDLER'S DUE-PROCESS RIGHTS WERE VIOLATED WHEN THE TRIAL COURT ENTERED WITHOUT SUFFICIENT EVIDENCE A CONVICTION FOR ILLEGAL CONVEYANCE OF A DRUG OF ABUSE INTO A DETENTION FACILITY. FIFTH AND FOURTEENTH AMENDMENTS, UNITED STATES CONSTITUTION; ARTICLE I, SECTIONS 10 AND 16, OHIO CONSTITUTION.

         {¶ 9} Assignment of Error No. 2:

         {¶ 10} MS. IDLER'S DUE-PROCESS RIGHTS WERE VIOLATED WHEN THE TRIAL COURT ENTERED CONVICTIONS FOR THEFT OF A FIREARM AND FELONY-FOUR RECEIVING STOLEN PROPERTY IN THE ABSENCE OF SUFFICIENT EVIDENCE. FIFTH AND FOURTEENTH AMENDMENTS, ...


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