State v. Crawford
CourtOhio Court of Appeals
Date FiledAugust 6, 2026
Docket25AP-558
JudgeBeatty Blunt
StatusPublished
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Full Opinion
[Cite as State v. Crawford, 2026-Ohio-3033.]
IN THE COURT OF APPEALS OF OHIO
TENTH APPELLATE DISTRICT
State of Ohio, :
Plaintiff-Appellee, :
No. 25AP-558
v. : (C.P.C. No. 23CR-3654)
Michael B. Crawford, : (REGULAR CALENDAR)
Defendant-Appellant. :
D E C I S I O N
Rendered on August 6, 2026
On brief: Shayla D. Favor, Prosecuting Attorney, and
Darren M. Burgess, for appellee. Argued: Darren M.
Burgess.
On brief: Campbell Law LLC, and April F. Campbell, for
appellant. Argued: April F. Campbell .
APPEAL from the Franklin County Court of Common Pleas
BEATTY BLUNT, J.
{¶ 1} Defendant-appellant, Michael B. Crawford, appeals from a judgment of
conviction and sentence entered by the Franklin County Court of Common Pleas pursuant
to a jury verdict finding him guilty of two counts of trafficking in cocaine, in violation of
R.C. 2925.03, and two counts of possession of cocaine, in violation of R.C. 2925.11, all
first-degree felonies. For the reasons that follow, we affirm.
I. Facts and Procedural History
{¶ 2} On July 6, 2023, appellant1 was charged in a five-count indictment: in
Counts 1 and 4 he was charged with trafficking in cocaine in violation of R.C. 2925.03,
both felonies of the first degree; in Counts 2 and 5 appellant was charged with possession
1 Three co-defendants were also indicted.
No. 25AP-558 2
of cocaine in violation of R.C. 2925.11, both also felonies of the first degree; and lastly, in
Count 3 he was charged with the illegal manufacture of a controlled substance in violation
of R.C. 2925.04, a felony of the second degree. All counts were accompanied by major
drug-offender and multiple forfeiture specifications. The indictment alleged that all the
offenses occurred on or about April 19, 2023. Appellant entered a not guilty plea to the
charges and requested a jury trial.
{¶ 3} On May 19, 2025, a jury trial commenced. At trial, the following evidence
was adduced.
{¶ 4} Plaintiff-appellee, State of Ohio, called Sergeant Bryan Mason with the
Columbus Police Department (“CPD”) as its first witness. Prior to April of 2023, Sergeant
Mason became involved in a money laundering investigation by the Drug Enforcement
Agency (“DEA”) and CPD that led to the surveillance of 3884 Rubythroat Drive in
Columbus, Ohio. (May 20, 2025 Tr. Vol. 2 at 209.) Sergeant Mason surveilled the
residence back in May 2022. Id. He took photographs of an individual loading items into
the back of a Volkswagen Beetle in a garage, when the garage door was open. Id. at 209-
213; State’s Ex. A 2-6. Sergeant Mason identified the person as appellant. Id. at 212-213.
{¶ 5} Appellant placed an “Amazon” box and a gray-colored bag in the trunk of
the vehicle. Sergeant Mason saw appellant backing the vehicle out of the garage and
driving away. Id. at 214. Appellant drove past a trash collection point approximately 100
feet from the front door of the residence to a trash compactor about 150 feet from the
residence’s front door. Id. at 214-215. Sergeant Mason went through the trash and found
an Amazon box and a gray bag. Id. at 217. Inside the Amazon box were three cell phone
boxes bearing the names of different individuals. Inside the gray bag was what Mason
believed to be kilo-level narcotics wrappers—that is, cellophane used to wrap narcotics.
Id. at 218-220. Sergeant Mason testified that the residence did not belong to appellant;
instead, it belonged to Kiona Anthony. Id. at 224.
{¶ 6} The state called Columbus Police Officer Phillip Miller as its next witness.
Officer Miller testified that after May 2022, surveillance of the residence continued, and
on April 19, 2023, the Columbus Police Narcotics Unit and the DEA executed a search
warrant after appellant was observed leaving the residence with a со-defendant. (Tr. at
239.) Just before leaving, appellant was photographed speaking with several individuals
No. 25AP-558 3
in the garage while holding a distinctive yellow and orange bookbag/backpack which he
then carried into the home. (Tr. at 240-243.) Officer Miller testified the bag appeared
weighed down. Id. at 241.
{¶ 7} Officer Miller continued his testimony, stating that during the execution of
the search warrant of the residence, the search team found appellant’s suitcase with his
attached name tag inside the front door. (Tr. at 247.) The residence was a three-story
condominium and contained overwhelming evidence of cocaine trafficking and
manufacturing. As law enforcement made their way through the front door, they
immediately observed automated money counters, over $50,000 in U.S. currency
wrapped in rubber bands, jewelry, and almost a kilogram of cocaine with a cutting agent
on the top of the refrigerator. (Tr. at 248-250.) Investigators also found plastic bags used
to package narcotics for sale, air purifiers, respirators, digital scales, mixers and blenders.
(Tr. at 250-252.) In the living room investigators found surgical masks, plastic wrap, a
mixing bowl, duct tape, and a vacuum sealer. Id. at 254.
{¶ 8} The state then called Special Agent Christopher Cadogan, who testified he
searched the upper east bedroom. (Tr. at 274, 277.) He discovered six kilograms of
cocaine in a black trash bag on the floor of the bedroom, between the end of the bed and
the closet, and “press plates,” which are used to compact cocaine for transportation and
sale. Id. at 278-279. On the bed in that room were miscellaneous financial documents
from Nevada State Bank, Navy Federal Financial Group, a voided Nevada State Bank
check, a letter from Green Dot Bank, and a letter from Progressive Commercial, LLC,
detailing electronic funds transfers. All of these documents bore appellant’s name and/or
the names of Crawford Industries, LLC, and Crawford Trucking & Logistics, LLC. Also
recovered were numerous bank cards including a PNC Bank Virtual Wallet Visa debit
card, an NSB Visa Debit Card, a Capital One Visa Signature card, and a GO BIZ Visa debit
card all belonging to appellant. (Tr. at 280-283.)
{¶ 9} Next, Trooper Timothy Ehrenborg testified he initiated a traffic stop of a
black Nissan Sentra with dark-tinted windows. (Tr. at 293.) Ms. Angele Berry was the
driver, and appellant was the passenger. Id. at 297. A canine alerted to the odor of
narcotics coming from the vehicle, and when a search was performed, inside the trunk of
the vehicle next to an air freshener, investigators found the same yellow and orange
No. 25AP-558 4
backpack appellant had been holding while in the garage. (Tr. at 243-244.) Inside the
backpack were three individually wrapped one-kilogram bricks of cocaine. (Tr. at 298.)
{¶ 10} Finally, the State called as its last witness forensic scientist Michelle Ball
with the Columbus Police Crime Lab. Ms. Ball testified she tested the suspected drugs.
(Tr. at 311.) While she did not test all substances submitted to the crime lab, she did test
those found in the master bedroom, and she determined they contained 1005.61 grams of
cocaine. (Tr. at 320, 337; State’s Ex. E-1.) Ball likewise tested the substances found in
the backpack in the trunk, which likewise contained cocaine in the amount exceeding 100
grams. (Tr. at 327, 332, 349.)
{¶ 11} After the state rested its case, defense counsel moved for acquittal under
Crim.R. 29, and the trial court denied the motion.
{¶ 12} The following day, the jury returned verdicts of guilty on Counts 1, 2, 4, and
5, and a verdict of not guilty as to Count 3. The jury likewise found the amounts of cocaine
exceeded 100 grams for Counts 1, 2, 4, and 5. (Tr. at 344.) After the jury found appellant
guilty of 4 counts, defense counsel renewed his motion for acquittal under Crim.R. 29,
but the trial court again denied the motion. (May 21, 2025 Tr. Vol. 3 at 448.)
{¶ 13} On June 30, 2025 the trial court held a sentencing hearing. The trial court
found that Counts 1 and 2 merged, that Counts 4 and 5 merged, and that a prison term
was mandatory. The state elected sentencing on Counts 1 and 4. On July 1, 2025, the trial
court issued a judgment entry which reflected the verdict of the jury and imposed an
indefinite concurrent mandatory sentence of 11 years minimum to a maximum of 16.5
years. (July 1, 2025 Jgmt. Entry.)
{¶ 14} This timely appeal followed.
II. Assignments of Error
{¶ 15} Appellant asserts six assignments of error for our review:
[1.] Reversal is required because the trial court gave the State
an extra peremptory challenge after it sustained the
Defendant’s Batson Challenge in violation of Crim.R.
24(D) and (E) and R.C. 2945.21.
[2.] Crawford’s right to a fair trial was denied by the trial
court’s decision to allow the State to use evidence from a
trash pull in May of 2022, in violation of Evid.R. 403, 404,
and the Due Process Clause.
No. 25AP-558 5
[3.] The trial court abused its discretion in allowing an officer
to explain to the jury why a drug trafficker would put a
drug trafficking home in someone else’s name over
Crawford’s objection.
[4.] The State’s evidence that Crawford committed cocaine
trafficking and cocaine possession (Counts One, Two,
Four, and Five) was legally insufficient as a matter of law.
[5.] Crawford’s conviction should be reversed because the
evidence for cocaine possession and trafficking (Counts
One, Two, Four, Five) weighed manifestly against
convicting Crawford.
[6.] Because of cumulative error, Crawford was denied his
right to a fair trial.
(Sic passim.)
III. Law and Analysis
A. Assignment of Error One
{¶ 16} In his first assignment of error, appellant argues reversal of his conviction is
required because after the trial court sustained appellant’s Batson challenge, it gave the
state an extra peremptory challenge in violation of Crim.R. 24(D) and (E) and R.C. 2945.21.
We do not agree.
{¶ 17} We begin by noting that counsel for appellant did not object to the trial
court’s giving the state the opportunity to re-exercise its second peremptory challenge
after sustaining the Batson challenge lodged by appellant. It is well-settled that an
appellate court will not “consider an error which the complaining party ‘could have called,
but did not call, to the trial court’s attention at a time when such error could have been
avoided or corrected by the trial court.’ ” State ex rel. Quarto Mining Co. v. Foreman, 79
Ohio St.3d 78, 81 (1997), quoting State v. Williams, 51 Ohio St.2d 112, 117 (1977). See also
State v. Awan, 22 Ohio St.3d 120, 122 (1986), quoting State v. Childs, 14 Ohio St.2d 56
(1968), paragraph three of the syllabus. Thus, except for plain error, the failure to object
to a ruling at trial constitutes a waiver of the issue upon appellate review. State v.
McCown, 2006-Ohio-6040, ¶ 36 (10th Dist.).
No. 25AP-558 6
{¶ 18} To demonstrate plain error, an appellant must show that, absent the alleged
error, the result of the trial clearly would have been different. State v. Long, 53 Ohio St.
2d 91 (1978). The appellant bears the burden of demonstrating the existence of a plain or
obvious error that affected the outcome of the trial and resulted in a manifest miscarriage
of justice. See, e.g., State v. West, 2022-Ohio-1556, ¶ 3, citing State v. Perry, 2004-Ohio-
297, ¶ 22. To do this, an appellant must show “ ‘an error, i.e., a deviation from a legal rule’
that constitutes ‘an “obvious” defect in the trial proceedings.’ ” State v. Rogers, 2015-Ohio-
2459, ¶ 22, quoting State v. Barnes, 94 Ohio St.3d 21, 27 (2002). However, even if the error
is obvious, it must have affected the appellant’s “substantial rights.” Crim.R. 52(B). The
Supreme Court of Ohio has “ ‘interpreted this aspect of the rule to mean that the trial court’s
error must have affected the outcome of the trial.’ ” Rogers at ¶ 22, quoting Barnes at 27.
As such, the appellant must demonstrate a reasonable probability that the error resulted in
prejudice to him. See id.
{¶ 19} In this case, after the trial court sustained appellant’s Batson challenge, it
seated the juror the state had sought to remove by way of its second peremptory challenge
and then granted the state the opportunity to re-exercise that second peremptory
challenge. Importantly, however, the record shows that the state did not exercise
anymore of its peremptory challenges—i.e., its second, third or fourth peremptory
challenges. Thus, appellant cannot possibly show that, but for the state being given an
“extra” peremptory challenge, the outcome of the trial clearly would have been different.
{¶ 20} In short, the trial court did not plainly err in giving the state the opportunity
to re-exercise its second peremptory challenge which the state did not use. Accordingly,
appellant’s first assignment of error is overruled.
B. Assignment of Error Two
{¶ 21} In appellant’s second assignment of error, he argues his right to a fair trial
was denied by the trial court’s decision to allow the state to use evidence from a trash pull
in May 2022, in violation of Evid.R. 403, 404, and the Due Process Clause. We find no
merit in this assignment of error.
{¶ 22} As discussed above under appellant’s first assignment of error, an appellate
court will not “consider an error which the complaining party ‘could have called, but did
not call, to the trial court’s attention at a time when such error could have been avoided
No. 25AP-558 7
or corrected by the trial court.’ ” Foreman, 79 Ohio St.3d at 81, quoting Williams, 51 Ohio
St.2d at 117. See also Awan, 22 Ohio St.3d at 122, quoting Childs, 14 Ohio St.2d,
paragraph three of the syllabus. Failure to object to the admission of evidence at trial
waives all but plain error. Rogers, 2015-Ohio-2459, at ¶ 22-23.
{¶ 23} In this case, although we recognize appellant filed a motion in limine to
exclude the testimony about which he now complains, he did not renew the motion or
make any objections during the witness’ examination at trial. Thus, he has forfeited all
but plain error review on this issue. See State v. Grubb, 28 Ohio St.3d 199, 203 (1986)
(an order denying a motion in limine is a preliminary ruling about an evidentiary issue
that is anticipated, and the issue is preserved only by a timely objection when the issue is
actually reached during the trial). Yet, in his brief, appellant does not argue that the
admission of the officer’s testimony regarding watching appellant dispose of trash outside
the residence under surveillance rose to the level of plain error. (See Brief of Appellant at
13-19.) Instead, he contends that the trial court should have, sua sponte, excluded this
testimony under Evid.R. 403, 404(B), and the Due Process Clause. Id.
{¶ 24} Thus, while appellant has only preserved plain error under Crim.R. 52(B), on
appeal, he has failed to argue the existence of plain error. “The burden of affirmatively
demonstrating error on appeal rests with the party asserting error.” (Citations omitted.)
Lundeen v. State Med. Bd. of Ohio, 2013-Ohio-112, ¶ 16 (10th Dist.). See App.R. 16(A)(7);
State v. Hubbard, 2013-Ohio-2735, ¶ 34 (10th Dist.). See also Cook v. Ohio Dept. of Job &
Family Servs., 2015-Ohio-4966, ¶ 40 (10th Dist.), quoting Bond v. Canal Winchester,
2008-Ohio-945, ¶ 16 (10th Dist.) (“ ‘It is the duty of the appellant, not the appellate court,
to construct the legal arguments necessary to support the appellant’s assignments of
error.’ ”). Because appellant has failed to present any plain error arguments on appeal, he
has failed to meet his burden of demonstrating error.
{¶ 25} Moreover, even if appellant had presented plain error arguments in support
of his second assignment of error, it is difficult to see how he would be able to demonstrate
a reasonable probability that the admission of the testimony about which he now complains
affected the outcome of trial. This is so because, as explained more fully below under the
fourth and fifth assignments of error, the totality of the evidence of appellant’s guilt in this
case was overwhelming.
No. 25AP-558 8
{¶ 26} Accordingly, appellant’s second assignment of error is overruled.
C. Assignment of Error Three
{¶ 27} In his third assignment of error, appellant argues that he was unfairly
prejudiced when the state elicited testimony from a DEA task force officer regarding why
someone who uses a residence for drug trafficking would put that residence in someone
else’s name, despite not having a good-faith basis for posing the question. This
assignment of error is meritless.
{¶ 28} It is well-settled that the admission of evidence “lies within the broad
discretion of the trial court, and a reviewing court should not disturb evidentiary decisions
in the absence of an abuse of discretion that has created material prejudice.” State v.
Conway, 2006-Ohio-2815, ¶ 62. Furthermore, “[w]here the good-faith basis for a
question is not challenged at the trial level, it is presumed that a good-faith basis exists.”
State v. Lowe, 2005-Ohio-6614, ¶ 11 (10th Dist.), citing State v. Gillard, 40 Ohio St.3d
226, 231 (1988), abrogated on other grounds (“Since the prosecutor’s good-faith basis
for asking these questions was never challenged, we presume she had one[.]”). State v.
McGuire, 1997-Ohio-335.
{¶ 29} Here, when the prosecutor asked the DEA task force officer why someone
who uses a residence for drug trafficking would “not put their name on it,” counsel for
appellant objected on the grounds that the question called for speculation, not on the
grounds that the state lacked a good-faith basis for the question. (Tr. at 253.) Therefore,
we must presume a good-faith basis for the question existed. Lowe; Gillard.
{¶ 30} Moreover, the record shows that when ruling upon the objection made by
defense counsel, the trial court preemptively rejected any potential claims pertaining to
relevance, prejudice, or character evidence, explaining that it would be relevant for the
DEA officer to testify on the subject based on his experience of why “what he is seeing
here makes him believe that it is a drug operation.” (Tr. at 253-255.) Additionally, on
cross-examination, counsel for appellant fully explored this issue, and he returned to the
issue during closing argument. (Tr. Vol. 2 at 259-261; Vol. 3 at 398-399.)
{¶ 31} In short, appellant was not materially prejudiced by permitting the DEA
officer’s testimony on why a drug trafficker would not put a residence used for drug
No. 25AP-558 9
trafficking in his own name, and the trial court did not abuse its discretion in admitting
it.
{¶ 32} Appellant’s third assignment of error is overruled.
D. Assignment of Error Four and Five
{¶ 33} In his fourth assignment of error, appellant asserts that his convictions are
not supported by sufficient evidence and should have been dismissed pursuant to Crim.R.
29. In his fifth assignment of error, appellant asserts the convictions are against the
manifest weight of the evidence. We find no merit in either assignment of error.
{¶ 34} Crim.R. 29(A) provides, in relevant part, “[t]he court on motion of a
defendant or on its own motion, after the evidence on either side is closed, shall order the
entry of a judgment of acquittal of one or more offenses charged in the indictment,
information, or complaint, if the evidence is insufficient to sustain a conviction of such
offense or offenses.” Crim.R. 29(A). Whether a conviction is supported by legally
sufficient evidence is a question of law. State v. Thompkins, 1997-Ohio-52.
{¶ 35} “Sufficiency of the evidence is a legal standard that tests whether the
evidence introduced at trial is legally sufficient to support a verdict.” State v. Cassell,
2010-Ohio-1881, ¶ 36 (10th Dist.), citing Thompkins, at ¶ 23. In reviewing a challenge to
the sufficiency of the evidence, an appellate court must determine “whether, after viewing
the evidence in a light most favorable to the prosecution, any rational trier of fact could
have found the essential elements of the crime proven beyond a reasonable doubt.” State
v. Jenks, 61 Ohio St.3d 259 (1991), paragraph two of the syllabus. A reviewing court will
not disturb the jury’s verdict unless the court finds “that reasonable minds could not reach
the conclusion reached by the trier of fact.” State v. Treesh, 2001-Ohio-4, ¶ 91, citing
Jenks at 273.
{¶ 36} In a review for sufficiency of the evidence, we do not engage in a
determination of the witnesses’ credibility. State v. Woodward, 2004-Ohio-4418, ¶ 16
(10th Dist.), citing State v. Goff, 1998-Ohio-369, ¶ 86. Rather, “we essentially assume the
state’s witnesses testified truthfully and determine if that testimony satisfies each element
of the offense.” Id., citing State v. Gore, 131 Ohio App.3d 197, 200-201 (7th Dist. 1999).
Further, the testimony of one witness, if believed by the jury, is sufficient to support a
No. 25AP-558 10
conviction. State v. Winston, 2018-Ohio-2525, ¶ 21 (10th Dist.), citing State v. Strong,
2011-Ohio-1024, ¶ 42 (10th Dist.).
{¶ 37} Comparatively, “[w]hile sufficiency of the evidence is a test of adequacy
regarding whether the evidence is legally sufficient to support the verdict as a matter of
law, the criminal manifest weight of the evidence standard addresses the evidence’s effect
of inducing belief.” Cassell at ¶ 38, citing State v. Wilson, 2007-Ohio-2202, ¶ 25, citing
Thompkins, 1997-Ohio-52. “When a court of appeals reverses a judgment of a trial court
on the basis that the verdict is against the weight of the evidence, the appellate court sits
as a ‘thirteenth juror’ and disagrees with the factfinder’s resolution of the conflicting
testimony.” Thompkins at ¶ 25, citing Tibbs v. Florida, 457 U.S. 31, 42 (1982). “ ‘The
court, reviewing the entire record, weighs the evidence and all reasonable inferences,
considers the credibility of witnesses and determines whether in resolving conflicts in the
evidence, the jury clearly lost its way and created such a manifest miscarriage of justice
that the conviction must be reversed and a new trial ordered.’ ” Id., quoting State v.
Martin, 20 Ohio App.3d 172, 175 (1st Dist. 1983). This discretionary authority “ ‘should
be exercised only in the exceptional case in which the evidence weighs heavily against the
conviction.’ ” Id., quoting Martin at 175.
{¶ 38} Furthermore, “ ‘[w]hile the jury may take note of inconsistencies and resolve
or discount them accordingly, * * * such inconsistences do not render defendant’s
conviction against the manifest weight or sufficiency of the evidence.’ ” State v. Gullick,
2014-Ohio-1642, ¶ 10 (10th Dist.), quoting State v. Nivens, 1996 Ohio App. LEXIS *7
(May 28, 1996). “A jury, as the finder of fact and the sole judge of the weight of the
evidence and the credibility of the witnesses, may believe or disbelieve all, part, or none
of a witness’s testimony.” Id., citing State v. Antill, 176 Ohio St. 61, 67 (1964).
{¶ 39} A conviction is not against the manifest weight of the evidence simply
because the jury believed the state’s version of events over the appellant’s version. Gullick
at ¶ 11, citing State v. Houston, 2005-Ohio-449, ¶ 38 (10th Dist.), reversed and remanded
in part on other grounds. Rather, a reviewing court must give great deference to the jury’s
determination of witness credibility. Id., citing State v. Chandler, 2006-Ohio-2070, ¶ 19
(10th Dist.). This is so because the jury “ ‘ “is best able to view the witnesses and observe
their demeanor, gestures, and voice inflections, and use these observations in weighing
No. 25AP-558 11
the credibility of the proffered testimony.” ’ ” State v. Huber, 2019-Ohio-1862, ¶ 32 (10th
Dist.), quoting State v. Cattledge, 2010-Ohio-4953, ¶ 6 (10th Dist.), quoting Seasons Coal
Co., Inc., v. Cleveland, 10 Ohio St.3d 77, 80 (1984).
{¶ 40} Appellant was indicted for trafficking cocaine in violation of R.C. 2925.03,
and with possession of cocaine in violation of R.C. 2925.11. R.C. 2925.11 provides that no
person shall knowingly obtain, use, or possess a controlled substance, and R.C. 2925.03
provides that no person shall knowingly sell, offer to sell, prepare for shipment, ship,
transport, deliver, or prepare for distribution a controlled substance. When the trial court
denied appellant’s Crim.R. 29 motion, it provided the following explanation:
I think that the evidence -- in the totality of its circumstances,
I have looked at the evidence in the light most favorable to the
non-moving party. As to Counts 1, 2 and 3, those three counts
pertain to the operations at the Rubythroat Drive address
when it comes to trafficking in cocaine. Based on the
testimony of Mr. Mason, Mr. Miller and Mr. Cadogan that the
drugs were bricked, wrapped, there was cutting agents, scales,
baggies, the fact that the defendant had been surveilled at the
home, some of his personal belongings were at the home, that
is enough evidence for the jurors to decide -- and that goes to
Counts 2 and 3 as well -- that Mr. Crawford knowingly
prepared, shipped, transported, distributed or knowingly
obtained, possessed or used, or knowingly engaged in the
manufacture or production.
As to the cocaine, of course, we have evidence there from
Ms. Ball and Mr. Farrington that the drugs found in the home
were, in fact, cocaine and a sufficient weight for this case. We
have the testimony of Ms. Horton, along with Mr. Farrington,
that indicate that there was cocaine and it was of sufficient
weight for what was found in the car.
Finally, having reasonable cause to believe that it was
intended for sale or production for sale. I think the large
amounts of cash, the cash counters are also indicative to this
Court that not only was it being prepared to ship or deliver or
whatever it might be, but that it was also reasonable to believe
that it was intended for sale.
So, for all those reasons and all the testimony as we sit here
today, I will deny the defendant’s Rule 29 motion.
No. 25AP-558 12
(May 20, 2025 Tr. Vol. 2 at 366-368.) We are wholly in agreement with the trial court’s
explanation and analysis of the evidence presented at trial.
{¶ 41} Furthermore, appellant’s challenge to the sufficiency of the evidence
relating to lack of proof that appellant owned the residence used for drug trafficking
and/or the vehicle in which cocaine was found while appellant was a passenger is
unavailing. The state was not required to prove that either the residence or the vehicle
belonged to appellant in order for there to be legally sufficient evidence. There was ample
evidence that appellant was in the residence and had access to all areas. There was also
ample evidence that appellant was in possession of the gray-colored backpack, that he
knew about the cocaine and items of trafficking located in the residence, and that he had
access to the cocaine.
{¶ 42} Therefore, based on all of the foregoing, we find the evidence is sufficient
to support the convictions in this case, and the trial court did not err by denying
appellant’s motions for acquittal made pursuant to Crim.R. 29.
{¶ 43} Turning to the manifest weight argument in assignment of error five,
appellant asserts that his convictions are against the manifest weight of the evidence
because the evidence suggests an “inference” that he neither possessed nor trafficked in
cocaine which is more “believable and persuasive” than finding otherwise. (Brief of
Appellant at 23-24.) But this is not the correct legal standard for reviewing whether the
convictions are against the manifest weight of the evidence. Rather, as set forth above,
“[w]hen a court of appeals reverses a judgment of a trial court on the basis that the verdict
is against the weight of the evidence, the appellate court sits as a ‘thirteenth juror’ and
disagrees with the factfinder’s resolution of the conflicting testimony.” Thompkins at
¶ 25, citing Tibbs, 457 U.S. 31 at 42. “ ‘The court, reviewing the entire record, weighs the
evidence and all reasonable inferences, considers the credibility of witnesses and
determines whether in resolving conflicts in the evidence, the jury clearly lost its way and
created such a manifest miscarriage of justice that the conviction must be reversed and a
new trial ordered.’ ” Id., quoting Martin, 20 Ohio App.3d at 175 (1st Dist. 1983). Thus, “a
prerequisite for any reversal on manifest-weight grounds is conflicting evidence.” State
v. Tate, 2014-Ohio-3667, ¶ 20.
No. 25AP-558 13
{¶ 44} Here, appellant has not pointed out any conflicting evidence demonstrating
that the jury clearly lost its way in convicting him of possession and trafficking of cocaine.
Furthermore, ample evidence of drug possession and trafficking was presented, including
evidence that appellant was present in the residence and vehicle that he had access to,
and was familiar with those areas. Appellant was observed entering and leaving the
residence and removing trash from the residence in April 2022. In addition, appellant’s
luggage and financial documents were recovered from several locations in the residence
including a bedroom, and they were interspersed with rampant evidence of cocaine
possession and trafficking including press plates, blenders, cutting agents, and drug
packaging which were found throughout the home. Large amounts of cash and jewelry
were also present, as was the distinctive backpack which appellant was seen with
immediately before leaving the residence on April 19, 2023.
{¶ 45} Therefore, considering all of the evidence together, the jury did not clearly
lose its way in concluding appellant perpetrated the crimes for which he was convicted.
There is sufficient evidence to support appellant’s convictions, and the trial court did not
err in denying appellant’s motions for acquittal made pursuant to Crim.R. 29.
Furthermore, appellant’s convictions are not against the manifest weight of the evidence.
{¶ 46} Appellant’s fourth and fifth assignments of error are overruled.
E. Assignment of Error Six
{¶ 47} In appellant’s sixth assignment of error, he argues he was denied his right to
a fair trial because of cumulative error. This assignment of error is meritless.
{¶ 48} Under the doctrine of cumulative error, an appellate court will reverse a
criminal conviction if “the cumulative effect of errors in a trial deprives a defendant of a fair
trial even though each of the numerous instances of trial-court error does not individually
constitute cause for reversal.” State v. Powell, 2012-Ohio-2577, ¶ 223. But, where there is
no error, harmless or otherwise, there can be no cumulative error. See, e.g., State v.
Garner, 74 Ohio St.3d 49, 64 (1995).
{¶ 49} Here, as already discussed above, we have found no errors on the part of the
trial court, plain, harmless, or otherwise. Therefore, the cumulative error doctrine is
inapplicable in this case.
No. 25AP-558 14
{¶ 50} Accordingly, based on the foregoing, appellant’s sixth assignment of error is
overruled.
IV. Disposition
{¶ 51} Having overruled appellant’s six assignments of error, we affirm the
judgment of the Franklin County Court of Common Pleas.
Judgment affirmed.
MENTEL and EDELSTEIN, JJ., concur.