State v. Yates
CourtOhio Court of Appeals
Date FiledOctober 29, 2026
Docket25CA30
JudgeHess
StatusPublished
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Full Opinion
[Cite as State v. Yates, 2026-Ohio-4344.]
IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
LAWRENCE COUNTY
STATE OF OHIO, : Case No. 25CA30
Plaintiff-Appellee, :
v. : DECISION AND
JUDGMENT ENTRY
JASON E. YATES, :
Defendant-Appellant. : RELEASED 10/29/2026
________________________________________________________________
APPEARANCES:
Karyn Justice, Portsmouth, Ohio, for appellant.1
Brigham M. Anderson, Lawrence County Prosecuting Attorney, and Steven K. Nord,
Lawrence County Assistant Prosecuting Attorney, Ironton, Ohio, for appellee.
________________________________________________________________
Hess, J.
{¶1} Jason Yates appeals his conviction following a jury trial on one count of
aggravated trafficking in drugs and one count of trafficking in a fentanyl related
compound. First, he contends that his convictions are against the sufficiency of the
evidence because the evidence fails to show that he had any knowledge of the drugs
found under his pillow at the RRS River House on January 22, 2025. Second, he asserts
that his convictions are against the manifest weight of the evidence because his recovery
housing program manager testified that Yates had not had any behavioral problems or
issues before that day, other roommates shared his room, authorities failed to complete
an investigation into the informant’s role in the narcotics trafficking, and authorities did not
1 Different counsel represented Yates during the trial court proceedings.
Lawrence App. No. 25CA30 2
videotape or record the search.
{¶2} We find that Yates’ convictions were supported by sufficient evidence
because in addition to the three bags of narcotics found under Yates’ pillow, authorities
found paraphernalia such as digital scales, three cell phones, credit and debit cards, a
bank slip that listed several hundred dollars, and $1,840 cash in mostly hundred-dollar
bills. Further, we find that Yates’ convictions were not against the manifest weight of the
evidence because witness testimony contained no inconsistencies, the drugs and other
evidence were found on Yates’ bed, and phone messages established that at least six
individuals had attempted or had purchased drugs from Yates. Therefore, we overrule
Yates’ assignments of error and affirm the trial court’s judgment.
I. FACTS AND PROCEDURAL HISTORY
{¶3} In February 2025, a Lawrence County Grand Jury returned an indictment that
charged Yates with: (1) one count of aggravated drug trafficking in violation of R.C.
2925.03(A)(2), a first-degree felony, and (2) one count of trafficking in a fentanyl-related
compound in violation of R.C. 2925.03(A)(2), a second-degree felony. Yates entered not
guilty pleas.
{¶4} At Yates’s two-day jury trial, RRS Ohio Drug and Alcohol Counseling Intake
Coordinator and Court Liaison Bobby Gwinn testified that Yates had been assigned to
their River House location, a two-story sober living facility that typically houses 10-14
residents. River House offers group and individual counseling, case management, and
peer support. At River House, residents share bedrooms with unlocked doors. Each
client signs a search agreement upon intake into the program, and staff randomly search
clients, their rooms, and their vehicles. Neither clients nor visitors may enter another
Lawrence App. No. 25CA30 3
client’s room, and staff maintains a log of who comes and goes from the River House. If
a client is found in another client’s room, they are first “put on a behavioral contract.”
Yates and his two roommates lived on the second floor.
{¶5} On January 22, 2025, Gwinn received a text that a former client, now
incarcerated, had informed another staff member of “a significant amount of drugs in our
building.” The text stated that “we needed to perform a search,” so Gwinn called Roberta
Boyd, Director of Operations, to inform her.
{¶6} RRS Ohio Drug and Alcohol Counseling Director of Operations Roberta Boyd
testified that sober living facilities are staffed 24/7 and assist clients with, among other
things, obtaining employment, budgeting, participating in community service, and
attending court dates. On January 22, 2025, Boyd heard from Bobby Gwin about the tip
regarding narcotics at the River House facility. Boyd called Program Manager James
Varney, and then drove to River House.
{¶7} At River House, Boyd stayed in the living room with the clients present while
James Varney and Amanda Heighton searched upstairs. When Varney came downstairs
and told Boyd, “we found it. . . you need to come up here,” Boyd went upstairs to the first
bedroom on the right shared by Yates, Casey Jackson, and Shawn Harris. Varney found
“a small like backpack type thing under Mr. Yates’s pillow,” and “a significant amount of
money, a set of scales, some debt [sic.] cards, a baggie containing what I would consider
to be methamphetamine, and a smaller baggie with a white powdery substance that we
later discovered was fentanyl.” Boyd said that Varney found the drugs in a small
backpack under Yates’s pillow.
{¶8} Boyd spoke to Yates’s probation officer, Chief Probation Officer Carl Bowen.
Lawrence App. No. 25CA30 4
Bowen and probation officers Lynne Stewart, Melissa McCloud, and Jonathan Sexton
contacted Deputy Perry Adkins. Boyd reviewed State’s Exhibit I, the Bureau of Criminal
Investigation laboratory report that identified the substances as methamphetamine and
fentanyl with xylazine. Boyd testified that xylazine is a large animal tranquilizer and when
added to fentanyl, “Narcan typically does not reverse [the effects of an overdose that
includes xylazine].” Boyd explained, “if you are using fentanyl and xylazine together and
you overdose, there’s a very good possibility that you’re going to die.”
{¶9} Boyd added that, in addition to the bag with drugs and paraphernalia Varney
found under Yates’s pillow, he also found “syringes and a piece of paper with [Eithan
Taylor’s] name on it. . . in the closet.” The facility suspected that Taylor had “possibly
sold some substances for Mr. Yates.” Boyd stated that when they spoke with Taylor, he
told them that the bag in Yates’s closet that contained “multiple . . . individually packaged
syringes . . . [and] the reason why his name was on the baggie in there was because he
had loaned the bag to Mr. Yates.” Staff discharged Eithan Taylor, a fellow River House
resident, the next day.
{¶10} RRS Ohio Drug and Alcohol Counseling River House Program Manager
James Varney testified that Yates participated in an intensive outpatient program with
supportive housing, individual and group counseling, random urinalysis, and case
management services. Varney explained that Yates had two roommates, Casey Jackson
and Shawn Harris. At River House, each resident has a bed, dresser, and storage tub
that goes under their bed. “That is considered their personal space.” Varney explained
that Yates had been in treatment for about four months when this occurred, and Varney
often observed Yates in the mornings before Yates left for work.
Lawrence App. No. 25CA30 5
{¶11} Varney stated that his supervisor, Roberta Boyd, contacted him in the
afternoon of January 22, 2025 about gathering the clients and searching River House.
Varney and Amanda Heighton searched the upstairs. In Yates’s room, on his made bed,
under his pillow, they found a blackish-grey bag. When Varney searched the bag, he
found (1) a small blue Nike pouch bag, (2) a small black Nike pouch bag, (3) a set of black
digital scales with remnants of crystalized substance on it, (4) a larger bag of what looked
to be methamphetamine, (5) a suboxone strip, (6) a smaller bag with a powdered
substance, (7) a smaller Ziplock bag with a small amount of “crystalized substance”, that
Varney believed to be methamphetamine, (8) a Wesbanco bank money slip that listed
several hundred dollars, (9) two additional cell phones, (10) $1000-$2000 in cash (in
mostly hundred dollar bills), and (11) a little black jar that “looked like it had marijuana
remnants in it.”
{¶12} Varney said he spread all the items out on another client’s bed so he could
get all of them in one photo. Varney believed the black bag found under Yates’s pillow
belonged to Yates “because it contained a card with his name on it.” Varney conceded
that another resident could have placed the bag under Yates’s pillow, but it would have
violated the house rules, and he strictly enforced them.
{¶13} Varney also searched the common closet in the room and found a Ryobi
utility bag that contained “several individually packaged syringes. . . [and] a piece of paper
in that bag, as well, with Mr. Eithan Taylor’s name on it.” The bag also contained “pay
release debt [sic.] cards,” and one card included Yates’s name on it. Varney testified that
River House discharged Eithan Taylor “because we had information that he was involved
in this, as well. We had later found out that Mr. Taylor had loaned Mr. Yates the Ryobi
Lawrence App. No. 25CA30 6
utility bag that the syringes were found in.” Varney explained that after he found these
items, he called downstairs for Boyd. Boyd called Carl Bowen, Yates’s probation officer,
who contacted law enforcement.
{¶14} Lawrence County Chief Probation Officer Carl E. Bowen testified that he
received a call from Roberta Boyd on January 22, 2025, who said staff had discovered a
large quantity of drugs and drug paraphernalia. At that time, Bowen supervised Yates on
felony probation. Bowen testified that he contacted some of his officers and Lawrence
County Sheriff’s Deputy Perry Adkins. Captain Lynne Stewart, Lieutenant Jonathan
Sexton, Corporal Melissa McCloud, and Bowen met with Roberta Boyd at her office
around 1:30 or 2:00 p.m. and waited for Deputy Perry. The group then drove to River
House, where James Varney led them to Yates’s room and Bowen “observed on the bed
a large quantity of what appeared to me to be a controlled substance,” cash, credit cards,
and digital scales. As Deputy Adkins began to process the scene, Yates returned from
work. Deputy Adkins advised Yates of his Miranda rights, and he requested counsel.
Bowen and Sexton transported Yates to jail.
{¶15} Deputy Perry Adkins testified that on January 22, 2025, Chief Probation
Officer Bowen called him to assist with processing narcotics found at River House. Adkins
took photos and processed the scene. Adkins explained that he observed three bags of
drugs. He field-tested the narcotics and determined that two smaller bags contained
fentanyl and the larger bag contained methamphetamine. Adkins also found several credit
or debit cards, and one Visa card was in the name of “Jason Yates.” In addition, Adkins
found $1840 in cash and two cell phones.
{¶16} Deputy Adkins reviewed the BCI lab report and explained that: (1) Item One
Lawrence App. No. 25CA30 7
contained a crystallized substance of 20.85 grams of methamphetamine, (2) Item Two
consisted of a light blue powdery substance found to contain 2.99 grams of fentanyl and
xylazine, and (3) Item Three consisted of a light blue powdery substance found to contain
3.17 grams of fentanyl and xylazine.
{¶17} After Yates invoked his Fifth Amendment right, Deputy Adkins interviewed
Yates’s roommates, Casey Jackson and Shawn Harris. Both denied knowledge of the
narcotics. When Adkins asked the two roommates about the black bag found under
Yates’s pillow, Adkins learned that “Mr. Yates had been observed with that bag on
different occasions.” On cross-examination, Adkins said he interviewed Eithan Taylor,
who had no explanation for why a piece of paper with his name on it would be in the bag
from the closet with the syringes.
{¶18} Lawrence County Prosecutor’s Office Investigator Brian Chaffins testified
that he is assigned to the Major Crime and Drug Task Force. After Deputy Adkins
requested that Chaffins investigate Yates’s cell phones, Chaffins obtained a search
warrant for all three devices and extracted data from each phone, creating three exhibits.
Chaffins testified that Exhibit 13 is the data extraction report associated with Exhibit 10,
a phone found in the bag under Yates’s pillow at River House. Exhibit 14 is the data
extraction report associated with Exhibit 11, the other phone found in the bag under
Yates’s pillow at River House. Exhibit 15 is the data extraction report associated with
Exhibit 12, the phone taken from Yates’s person. All three devices included the same
email address that incorporated Yates’s name. Phone exhibits 11 and 12 contained a
Cash App tag that included Yates’s name. Exhibit 12 also included a Facebook username
containing Yates’s name, and Google Calendar, Gmail, and Drive accounts containing
Lawrence App. No. 25CA30 8
Yates’s name. Thus, Investigator Chaffins testified that Yates owned all three phones
found either on his person or in the bag under the pillow of Yates’s bed at River House
that contained drugs and drug paraphernalia.
{¶19} Investigator Chaffins also testified regarding Exhibit 16, an extraction report
of a Facebook conversation between Yates and Derek Bowen on January 20, 2025, in
which Bowen asked Yates, “Is your slow [fentanyl] good or does it suck? Same blue what
Dana had. I want some sh*t that puts you down. Is it blue [likely counterfeit oxycontin
30]?” Yates replied, “I grabbed some off him because you said it was okay.” Bowen said,
“It is.” Yates stated, “That’s what I have.” Bowen said, “Cool.” Later, Bowen asked if
Yates had any “points [syringes].” Yates replied, “I got them 2 bags for $5 that’s wat [sic.]
I pd for them.” Yates further explained, “I just bought them for that but there’s like ten
bags. So, however many you want, there’s long and short.” Bowen said: “Well bro you
need them. Mine are rusty and give me hepatitis Z. It’s the new hep. LOL.” After Yates
replied, “I think I already got it too,” the two made plans for Bowen to purchase the
narcotics from Yates. Bowen asked, “What’s a ticket on a basketball [what’s the price of
3.5 grams],” to which Yates replied, “$175.” Then Yates said, “Want any go
[methamphetamine]? I have almost a half. I’ll do 75 . . . if you want it.”
{¶20} In addition, Investigator Chaffins discussed Exhibit 17, a data extraction of
conversations from January 16-21, 2025 between Yates and Dana Frye, who had since
been arrested in West Virginia for narcotics trafficking. The two discussed Yates selling
methamphetamine to Frye. Exhibit 18 is an extraction of a conversation between Yates
and Ric (no last name associated with the account) from December 15, 2024 to January
12, 2025. The two discussed Yates providing a “ball of food” and a “ball of go,” which is
Lawrence App. No. 25CA30 9
a ball of fentanyl and a ball of methamphetamine. Ric also asked, “how much zip cream?
Half zip cream.” Chaffins explained that a zip is 28 grams (1 ounce) and cream is
methamphetamine.
{¶21} Further, Investigator Chaffins discussed Exhibit 19, a data extraction of a
January 21 to January 22, 2025 Facebook Messenger conversation between Yates and
Allykay Douglas arranging a drug deal the day before Yates’s arrest. Douglas asked,
“who’s got go [methamphetamine]?” Yates replied, “Me.” Douglas said, “you’re in rehab.”
Yates said, “And lol.” Douglas stated, “I ain’t coming to a rehab and getting go.” Yates
replied, “Well, that’s where I’m at if u want it.” Yates told Douglas that he meets “ppl at
the church down the rd.” Douglas asked, “how much a half zip?” Yates replied, “100.”
Then Yates said, “I’ll give you one for fifty. I have food, too.” Douglas asked, “Quarter or
half? 70 a G on slow?” Chaffins explained that a “quarter” would be “two balls worth or
approximately seven grams.” Yates replied, “Yup. I can give them to you for that. I’m
getting ready to meet with my counselor now so just let me know. 70 G of slow, 50 a
quart.” Later, after Yates sold narcotics to Douglas, a conversation transpired about
Douglas giving him $20 less than agreed, which she claimed she dropped, and then later
asked Yates for his Cash App information to send the money owed. On January 22,
2025, the date of Yates’s arrest, Yates and Douglas’s conversation indicated that they
planned to meet for another drug transaction.
{¶22} Subsequently, Investigator Chaffins discussed Exhibit 20, an extraction
report of a conversation between Yates and Travis Gibson via Facebook Messenger. On
January 19, 2025, Yates said, “I’m in front of counselor. Tell him text me. I didn’t know
you was coming. I have to get it ready. When I text you, pull over here in parking lot.”
Lawrence App. No. 25CA30 10
Yates scheduled the narcotics transaction around his check-in with his probation officer.
Chaffins also testified about Exhibit 21, an extraction report of messages between Yates
and Kingston (no first name) on January 20, 2025. The two discussed a drug transaction
that did not occur due to Yates being arrested on January 22, 2025. Again, Yates
discussed scheduling the transaction around his meeting with his probation officer and
group counseling. Chaffins explained that the times Yates mentioned in various texts
referring to his work, counseling, and probation check-in schedules aligned with his actual
schedules and verified that Yates authored these messages and owned the three phones.
{¶23} The trial court overruled Yates’s Crim.R. 29 motion for judgment of acquittal.
{¶24} After hearing the evidence, the jury found Yates guilty of first-degree felony
aggravated trafficking in drugs (methamphetamine) that exceeded 5 times the bulk
amount but less than 50 times the bulk amount in violation of R.C. 2925.03(A)(2), and
second-degree trafficking in a fentanyl related compound in violation of R.C.
2925.03(A)(2).
{¶25} At the July 16, 2025 sentencing hearing, the trial court considered the pre-
sentence investigation report, the statements of counsel and the defendant, and weighed
the R.C. 2929.11 purposes and principles of sentencing, the R.C. 2929.12 seriousness
and recidivism factors, and the R.C. 2929.13 guidance. The court observed that Yates
lacked remorse and concluded that consecutive sentences are necessary to punish the
offender, are not disproportionate to the seriousness of the offender’s conduct and to the
danger he poses to the public, and Yates’s history of criminal conduct demonstrates that
consecutive sentences are necessary to protect the public from future crimes.
{¶26} The trial court sentenced Yates to (1) serve a minimum stated prison term
Lawrence App. No. 25CA30 11
of 10 years to a maximum of up to 15 years on Count 1, (2) serve a minimum stated
prison term of 5 years up to a maximum of 7 ½ years on Count 2, (3) serve the sentences
consecutively for an aggregate minimum prison term of 15 years to a maximum of up to
20 years, (4) serve a 2–5-year postrelease control term on Count 1, (5) serve an 18-
month-3-year postrelease control term on Count 2, and (6) pay costs. This appeal
followed.
II. ASSIGNMENTS OF ERROR
Yates presents two assignments of error:
1. Mr. Yates’s convictions are not supported by legally
sufficient evidence.
2. Mr. Yates’s convictions are not supported by the manifest
weight of the evidence.
III. LEGAL ANALYSIS
A. Sufficiency of the Evidence
{¶27} In his first assignment of error, Yates asserts that sufficient evidence does
not support his convictions. In his second assignment of error, he contends that his
convictions are against the manifest weight of the evidence.
1. Standards of Review
{¶28} As a threshold matter, because Yates challenges both the sufficiency of the
evidence and the manifest weight of the evidence, we initially address both standards of
review.
{¶29} A claim of insufficient evidence invokes a due process concern and raises
the question whether the evidence is legally sufficient to support the verdict as a matter
of law. State v. Thompkins, 78 Ohio St.3d 380, 386 (1997), syllabus; State v. Blevins,
Lawrence App. No. 25CA30 12
2019-Ohio-2744, ¶ 18 (4th Dist.). When reviewing the sufficiency of the evidence, an
appellate court's inquiry focuses primarily on the adequacy of the evidence; that is,
whether the evidence, if believed, could reasonably support a finding of guilt beyond a
reasonable doubt. Id. at syllabus. The standard of review is whether, after viewing the
probative evidence and inferences reasonably drawn therefrom in the light most favorable
to the prosecution, any rational trier of fact could have found all the essential elements of
the offense beyond a reasonable doubt. E.g., Jackson v. Virginia, 443 U.S. 307, 319
(1979); State v. Jenks, 61 Ohio St.3d 259, 273 (1991).
{¶30} Furthermore, under the sufficiency of the evidence standard, a reviewing
court does not assess “whether the state's evidence is to be believed, but whether, if
believed, the evidence against a defendant would support a conviction.” Thompkins, 78
Ohio St.3d at 390 (Cook, J., concurring). Therefore, when reviewing a sufficiency of the
evidence claim, an appellate court must construe the evidence in a light most favorable
to the prosecution. See, e.g., State v. Hill, 75 Ohio St.3d 195, 205 (1996); State v. Grant,
67 Ohio St.3d 465, 477 (1993). A reviewing court will not overturn a conviction on a
sufficiency of the evidence claim unless reasonable minds could not reach the conclusion
the trier of fact did. State v. Tibbetts, 92 Ohio St.3d 146, 162 (2001); State v. Treesh, 90
Ohio St.3d 460, 484 (2001).
{¶31} “Although a court of appeals may determine that a judgment of a trial court
is sustained by sufficient evidence, that court may nevertheless conclude that the
judgment is against the weight of the evidence.” Thompkins, 78 Ohio St.3d at 387. “The
question to be answered when a manifest-weight issue is raised is whether ‘there is
substantial evidence upon which a jury could reasonably conclude that all the elements
Lawrence App. No. 25CA30 13
have been proved beyond a reasonable doubt.’ ” State v. Leonard, 2004-Ohio-6235, ¶
81, quoting State v. Getsy, 84 Ohio St.3d 180, 193–194 (1998), citing State v. Eley, 56
Ohio St.2d 169 (1978), syllabus. A court that considers a manifest weight challenge must
“ ‘review the entire record, weigh the evidence and all reasonable inferences, and
consider the credibility of witnesses.’ ” State v. Beasley, 2018-Ohio-493, ¶ 208, quoting
State v. McKelton, 2016-Ohio-5735, ¶ 328. However, the reviewing court must bear in
mind that credibility generally is an issue for the trier of fact to resolve. State v. Issa, 93
Ohio St.3d 49, 67 (2001); State v. Murphy, 2008-Ohio-1744, ¶ 31 (4th Dist.). “ ‘Because
the trier of fact sees and hears the witnesses and is particularly competent to decide
“whether, and to what extent, to credit the testimony of particular witnesses,” we must
afford substantial deference to its determinations of credibility.’ ” Barberton v. Jenney,
2010-Ohio-2420, ¶ 20, quoting State v. Konya, 2006-Ohio-6312, ¶ 6 (2d Dist.), quoting
State v. Lawson, 1997 WL 476684 (2d Dist. Aug. 22, 1997).
{¶32} Thus, an appellate court will generally defer to the trier of fact on issues of
evidence weight and credibility, as long as a rational basis exists in the record for the fact-
finder's determination. State v. Picklesimer, 2012-Ohio-1282, ¶ 24 (4th Dist.); accord
State v. Howard, 2007-Ohio-6331, ¶ 6 (4th Dist.) (“We will not intercede as long as the
trier of fact has some factual and rational basis for its determination of credibility and
weight.”). Accordingly, if the prosecution presented substantial credible evidence upon
which the trier of fact reasonably could conclude, beyond a reasonable doubt, that the
essential elements of the offense had been established, the judgment of conviction is not
against the manifest weight of the evidence. Accord Eastley v. Volkman, 2012-Ohio-
2179, ¶ 12, quoting Thompkins, 78 Ohio St.3d at 387, quoting Black's Law Dictionary
Lawrence App. No. 25CA30 14
1594 (6th Ed.1990) (a judgment is not against the manifest weight of the evidence when
“ ‘ “the greater amount of credible evidence” ’ ” supports it).
{¶33} Consequently, when an appellate court reviews a manifest weight of the
evidence claim, the court may reverse a judgment of conviction only if it appears that the
fact-finder, when it resolved the conflicts in evidence, “ ‘clearly lost its way and created
such a manifest miscarriage of justice that the conviction must be reversed and a new
trial ordered.’ ” Thompkins, 78 Ohio St.3d at 387, quoting State v. Martin, 20 Ohio App.3d
172, 175 (1st Dist. 1983); accord McKelton at ¶ 328. Finally, a reviewing court should
find a conviction against the manifest weight of the evidence only in the “ ‘exceptional
case in which the evidence weighs heavily against the conviction.’ ” Thompkins, 78 Ohio
St.3d at 387, quoting Martin, 20 Ohio App.3d at 175; accord State v. Clinton, 2017-Ohio-
9423, ¶ 166; State v. Lindsey, 87 Ohio St.3d 479, 483 (2000).
2. Analysis
{¶34} Yates argues that the evidence fails to show that he had any knowledge of
the drugs found under his pillow at the RRS River House on January 22, 2025.
Specifically, Yates contends that none of the witnesses in this circumstantial case could
identify who placed the bag containing the drugs under Yates’s pillow, the rooms did not
have locks, and a bag in a shared closet contained syringes with another person’s name
on a piece of paper inside that bag. Moreover, Yates alleges that the extracted cell phone
messages do not satisfy the State’s burden to show that Yates engaged in drug trafficking.
{¶35} The State concedes that it relied upon circumstantial evidence to
demonstrate Yates’s knowledge of the drugs found on his bed under his bedspread and
pillow. However, the State argues that the circumstantial evidence in the case at bar is
Lawrence App. No. 25CA30 15
overwhelming. We agree.
{¶36} R.C. 2925.03(A)(2), trafficking in drugs, provides:
No person shall knowingly * * * [p]repare for shipment, ship, transport,
deliver, prepare for distribution, or distribute a controlled substance, when
the offender knows or has reasonable cause to believe that the controlled
substance is intended for sale or resale by the offender or another person.
{¶37} R.C. 2901.22(B) defines the culpable state of “knowingly:”
A person acts knowingly, regardless of purpose, when the person is aware
that the person’s conduct will probably cause a certain result or will probably
be of a certain nature. A person has knowledge of circumstances when the
person is aware that such circumstances probably exist. When knowledge
of the existence of a particular fact is an element of an offense, such
knowledge is established if a person subjectively believes that there is a
high probability of its existence and fails to make inquiry or acts with a
conscious purpose to avoid learning the fact.
{¶38} As the State points out, circumstantial evidence has long been used to
successfully support drug trafficking convictions. State v. Delaney, 2018-Ohio-727, ¶ 11
(9th Dist.). Moreover, the amount of the methamphetamine is clearly suggestive of
trafficking, as possession of a large quantity of narcotics is commonly recognized as
significant circumstantial evidence indicative of intent to distribute or traffic in narcotics.
1 Wharton's Criminal Evidence § 3:5 (15th ed.); see also State v. Robison, 2026-Ohio-
1223 (4th Dist.), ¶ 34.
{¶39} In addition to the weight of the narcotics involved, “the convergence of illegal
drugs, drug paraphernalia (including baggies), and large sums of cash permit a
reasonable inference that a person was preparing drugs for shipment.” Delaney, supra,
at ¶ 11. In State v. Rutledge, 2013-Ohio-1482, ¶ 15 (6th Dist.), the court observed that
numerous courts have determined that items such as plastic baggies, digital scales, and
large sums of money are often used in drug trafficking and may constitute circumstantial
Lawrence App. No. 25CA30 16
evidence of conduct proscribed by R.C. 2925.03(A)(2). Rutledge at ¶ 15.
{¶40} Moreover, in State v. Kent, 2022-Ohio-834 (8th Dist.), the court noted that
an officer testified about indicia of drug trafficking:
At trial, Det. Pollack provided extensive testimony regarding his training and
experience as a member of the vice unit. . . [A] drug trafficker typically
carries a large amount of cash and anywhere from 5 to 30 grams of drugs
at a time. Det. Pollack further testified that while drug users typically
possess small single-use packages, drug traffickers “typically carry large
amounts [of drugs] in a sandwich baggy.” (Tr. 513.). If the trafficker has
more than one drug, “they'll carry three or four different sandwich baggies
of additional drugs to satisfy their multitude of customers.” (Tr. id.) Det.
Pollack further testified that drug traffickers “typically have multiple cell
phones — one personal phone and one drug phone.” (Tr. 514.)
Id. at ¶ 50.
{¶41} As we pointed out in Robison, supra, at ¶ 38, in State v. Birdsong, 2024-
Ohio-1744, ¶ 43 (11th Dist.), the Eleventh District further highlighted:
“[M]ere possession of drugs is insufficient to prove trafficking,” but
constructive possession of drugs that have been packaged for sale along
with possession of other paraphernalia associated with sale is sufficient
evidence of trafficking. State v. Carlton, 9th Dist. Lorain No. 12CA010219,
2013-Ohio-2788, ¶ 10, citing State v. Mielke, 12th Dist. Warren No.
CA2012-08-079, 2013-Ohio-1612, ¶ 46. Possession of a large quantity of
drugs, large amounts of cash, plastic baggies, and scales, among other
indicia of trafficking, provide persuasive circumstantial evidence that tends
to prove a violation of R.C. 2925.03(A)(2). See State v. Floyd, 7th Dist.
Mahoning No. 18 MA 0106, 2019-Ohio-4878, ¶ 32 (plastic baggies, scales
with cocaine residue, a large quantity of cash, and a firearm provide
circumstantial evidence of trafficking); State v. Burton, 8th Dist. Cuyahoga
No. 107054, 2019-Ohio-2431, ¶ 48 (in addition to a large quantity of drugs,
plastic bags, and digital scales, the presence of “cut mixes,” which are often
used to prepare drugs for sales, were located which provided sufficient,
credible circumstantial evidence of trafficking); State v. Jackson, 9th Dist.
Summit No. 28691, 2018-Ohio-1285, ¶ 39 (large quantities of drugs,
$8,322.00 in cash, and various other evidence indicative of drug trafficking
such as digital scales and plastic baggies established sufficient,
circumstantial evidence of trafficking); State v. Fain, 5th Dist. Delaware No.
06CAA120094, 2007-Ohio-4854, ¶ 37-39 (Plastic sandwich bags and digital
scales are circumstantial evidence for drug trafficking.); State v. Fry, 9th
Dist. Summit No. 23211, 2007-Ohio-3240, ¶ 50 (presence of drugs and drug
Lawrence App. No. 25CA30 17
paraphernalia permit a reasonable inference that a person was preparing
drugs for shipment).
Id. at ¶ 43.
{¶42} In State v. Dunn, 2024-Ohio-5742, the Supreme Court of Ohio reminded
that:
When drawing reasonable inferences from the evidence, jurors are “free to
rely on their common sense and experience.” State v. Allen, 73 Ohio St.3d
626, 1995-Ohio-283, 653 N.E.2d 675, ¶ 45. We have also recognized that
“there can be no bright-line distinction regarding the probative force of
circumstantial and direct evidence.” State v. Jenks, 61 Ohio St.3d 259, 272,
574 N.E.2d 492 (1991), superseded by constitutional amendment on other
grounds as stated in State v. Smith, 80 Ohio St.3d 89, 1997-Ohio-355, 684
N.E.2d 668, ¶ 49, fn. 4. “ ‘Circumstantial evidence is not less probative than
direct evidence, and, in some instances, is even more reliable.’ ” State v.
Nicely, 39 Ohio St.3d 147, 151, 529 N.E.2d 1236 (1988), quoting United
States v. Andrino, 501 F.2d 1373, 1378 (9th Cir. 1974). The United States
Supreme Court has likewise recognized that “ ‘[c]ircumstantial evidence ...
may ... be more certain, satisfying and persuasive than direct evidence.’ ”
Desert Palace, Inc. v. Costa, 539 U.S. 90, 100, 123 S.Ct. 2148, 156 L.Ed.2d
84 (2003), quoting Rogers v. Missouri Pacific RR. Co., 352 U.S. 500, 508,
fn. 17, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957).
Id. at 32.
{¶43} The circumstantial evidence in this case established that Yates not only
possessed the drugs, but he trafficked them. In addition to the three bags that contained
methamphetamine and fentanyl/xylazine, authorities found drug paraphernalia such as
digital scales, three cell phones, credit and debit cards, a bank slip that listed several
hundred dollars, and $1,840 cash in mostly hundred-dollar bills. Except for the cell phone
taken from Yates’s person, all items were located under Yates’s bed pillow. “It has long
been established that otherwise innocuous objects such as bags, money, or cell phones
can be used as criminal tools in drug trafficking and these items may constitute
circumstantial evidence for drug trafficking.” State v. Cobb, 2024-Ohio-458, ¶ 17 (8th
Lawrence App. No. 25CA30 18
Dist.), citing State v. Hawthorne, 2016-Ohio-203, ¶ 21 (8th Dist.), citing State v. Bowling,
2010-Ohio-3595, ¶ 60 (8th Dist.); State v. Fitzpatrick, 2026-Ohio-2523, ¶ 43 (4th Dist.).
In addition, Program Manager James Varney found a bag with several individually
packaged syringes in a common closet, along with additional debit cards. Although a
loose piece of paper included the name of Eithan Taylor, one of the debit cards found in
that bag included Yates’s name on it, and the syringes are consistent with his messaging
in which he advised Derek Bowen that he possessed syringes for $5.
{¶44} Further, Investigator Chaffins testified at length regarding the extraction
information taken from Yates’s three cell phones that pointed to his ownership. All three
devices included the same email address incorporating Yates’s name; two phones
contained a Cash App tag that included Yates’s name; and one contained Yates’s
Facebook username and Google information. Moreover, the State adduced evidence in
the form of cell phone extractions of messages sent to and from Yates on three devices
that established that at least six individuals had attempted or had purchased drugs from
Yates. See Fitzpatrick at ¶ 44 (ample credible evidence to sustain convictions when the
State adduced testimony that at least three individuals had attempted or had bought drugs
at the residence).
{¶45} We find, after our review of the record, we believe that the State adduced
ample competent credible evidence to show Yates knowingly trafficked in
methamphetamine and a fentanyl-related compound. This evidence provided ample,
competent, credible evidence to establish, beyond a reasonable doubt, that Yates
committed the offenses of aggravated drug trafficking and trafficking in a fentanyl-related
compound.
Lawrence App. No. 25CA30 19
{¶46} Accordingly, we overrule Yates’s first assignment of error.
B. Manifest Weight
{¶47} In his second assignment of error, Yates asserts that his convictions are not
supported by the manifest weight of the evidence.
{¶48} To decide whether the case is an exceptional case in which the evidence
weighs heavily against conviction, this court must review the record, weigh the evidence
and all reasonable inferences, and consider witness credibility. State v. Martin, 20 Ohio
App.3d 172, 175, (1st Dist. 1983). However, a reviewing court must bear in mind that
credibility generally is an issue for the trier of fact to resolve. State v. Schroeder, 2019-
Ohio-4136, ¶ 61 (4th Dist.); State v. Dunn, 2012-Ohio-518, ¶ 16 (4th Dist.); State v.
Wickersham, 2015-Ohio-2756, ¶ 25 (4th Dist.). Because the trier of fact sees and hears
the witnesses, an appellate court will afford substantial deference to a trier of fact's
credibility determinations. Schroeder at ¶ 62. The jury has the benefit of seeing
witnesses testify, observing facial expressions and body language, hearing voice
inflections, and discerning qualities such as hesitancy, equivocation, and candor. State
v. Fell, 2012-Ohio-616, ¶ 14 (6th Dist.); State v. Pinkerman, 2024-Ohio-1150, ¶ 26 (4th
Dist.). Thus, an appellate court may reverse a conviction only if the trier of fact clearly
lost its way in resolving conflicts in the evidence and created a manifest miscarriage of
justice. State v. Benge, 2021-Ohio-152, ¶ 28 (4th Dist.); Hodges at ¶ 53.
{¶49} Yates contends that (1) River House Program Manager James Varney
testified that Yates had not had any behavioral problems or issues before that day, (2)
other roommates shared the room, (3) authorities failed to complete an investigation into
the informant’s role in the narcotics trafficking, and (4) authorities did not videotape or
Lawrence App. No. 25CA30 20
record the search. As the State points out, however, witness testimony contained no
inconsistencies. Further, staff found the bag containing methamphetamine and
fentanyl/xylazine, $1,840, debit and credit cards, and two cell phones with Yates’s
identification information and messages