State v. Goodson

948 N.E.2d 988, 192 Ohio App. 3d 246
CourtOhio Court of Appeals
DecidedFebruary 17, 2011
DocketNo. 94954
StatusPublished
Cited by2 cases

This text of 948 N.E.2d 988 (State v. Goodson) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Goodson, 948 N.E.2d 988, 192 Ohio App. 3d 246 (Ohio Ct. App. 2011).

Opinion

Mary Eileen Kilbane, Administrative Judge.

{¶ 1} Defendant-appellant, Robert Goodson, appeals from his convictions for drug possession and drug trafficking. For the reasons set forth below, we affirm the convictions, but because defendant was convicted of crimes that are allied offenses of similar import, we vacate the sentence and remand the case to the trial court for resentencing under R.C. 2941.25.

{¶ 2} On August 20, 2009, defendant and his codefendant, Dale Whitsett, were indicted for possession of less than one gram of crack cocaine, in violation of R.C. 2925.11(A); trafficking in less than one gram of cocaine, in violation of R.C. 2925.03(A)(1) (selling or offering to sell); trafficking in less than one gram of cocaine, in violation of R.C. 2925.03(A)(2) (preparing ■ for distribution); and possession of criminal tools, in violation of R.C. 2923.24, all with forfeiture specifications for the recovery of $147.

{¶ 3} Defendant pleaded not guilty, and the matter against him proceeded to a jury trial on January 29, 2010.

{¶ 4} The state presented testimony from the following members of the Cleveland Police Department: Lieutenant Gordon Holmes, Detective Frank Woyma, Detective Michael Rasberry, Detective Robert C. McKay II, and Detective John Hall.

{¶ 5} Holmes testified that he received police-action complaints about drug activity in the area of East 131st Street and Crennell Avenue. The matter was assigned to Rasberry. Rasberry testified that he has made drug arrests in this area on past occasions. On August 5, 2009, he observed “individuals that appeared to be drug dependent going back and forth,” so he arranged a buy-bust with a confidential informant. The informant was searched and determined to be free of contraband. He was given $20 in marked currency and taken to the area at around 12:15 a.m. Hall and Rasberry watched from the corner and waited for the informant to signal that a drug buy had been completed. Holmes, Woyma, and McKay waited a few blocks away in “takedown vehicles.”

{¶ 6} According to Rasberry, the informant spoke with a man, later identified as Whitsett, who was standing at the corner of East 131st Street and Crennell Avenue. They had “a short, brief conversation, in which a hand-to-hand exchange was made between our [informant] and * * * Whitsett.” Whitsett then walked approximately four houses eastward on Crennell Avenue to a location where the officers had made prior drug arrests and spoke with the defendant, who was standing outside. Whitsett “made a hand-to-hand exchange with [defendant], came back and made another exchange with our [informant], in which our [informant] then gave the completed sale signal.”

{¶ 7} Rasberry admitted, however, that he was not close enough to see the objects that were passed in the hand-to-hand transactions. Likewise, Hall [250]*250admitted that he saw something being exchanged, but he “didn’t physically see what was being passed.”

{¶8} After the informant signaled that he had'made a drug buy, Holmes, Woyma, and McKay drove to the scene and arrested the defendant and Whitsett. The marked currency was subsequently recovered from Whitsett. Two rocks of crack cocaine, one weighing .08 grams and the other weighing .06 grams, were also recovered — one from Whitsett and one from the informant. Currency in the amount of $147 was recovered from the defendant.

{¶ 9} Holmes explained that as a means of avoiding being caught with drugs and drug money, dealers will work with another individual who can vouch for a prospective drug buyer and handle the exchange of drugs and money for the dealer.

{¶ 10} Both Holmes and Woyma admitted that they did not personally observe the hand-to-hand transactions in this matter and did not personally observe defendant’s conduct. They further admitted that the police use informants on a regular or nightly basis. Some of the informants have previously been arrested and are working with police in order to get better deals on their pending cases. However, the informant in this matter was not attempting to obtain a deal. Holmes also admitted that a computerized copy of the police report erroneously indicated that three rocks of crack cocaine were recovered from defendant instead of two, and a field report indicated that defendant was in actual possession of the rocks of crack cocaine. Rasberry testified that the case-information report for this incident listed him as the arresting officer, but he admitted that he did not arrest either suspect. He further admitted that the field report in the matter contained the incorrect date of July 30, 2009.

{¶ 11} Defendant elected to present evidence. He testified on his own behalf and also presented the testimony of Naomi Williams and Samika Kimbrough.

{¶ 12} Defendant denied having drugs and denied selling drugs with Whitsett. He testified that earlier in the evening, he was with a group of people at Kimbrough’s house on Crennell Avenue. They then walked to a bar at the corner of East 131st Street and Crennell Avenue and stayed there for about one hour. On their way back to Kimbrough’s house, defendant saw Whitsett and gave him a “dap” or brief handshake. He further testified that the money recovered from him ($147) was from his mother’s estate.

{¶ 13} Williams1 and Kimbrough likewise testified that defendant was with them and others at Kimbrough’s house and at the bar on the corner of East 131st [251]*251Street and Crennell Avenue. Defendant saw Whitsett as they left to return to Kimbrough’s house. When they arrived at the home, the police were there with guns drawn. They searched defendant, arrested him, and then searched the home, but they found nothing.

{¶ 14} McKay testified on rebuttal that following defendant’s arrest, he obtained consent to search the Crennell Avenue residence to look for the buy money. He denied that the officers had their weapons drawn. According to McKay, marijuana was being grown in the home. A razor blade and sandwich baggies were on the dining room table; and according to the officer, these items are evidence of preparation to sell drugs.

{¶ 15} The jury subsequently convicted defendant of the charges of drug possession and drug trafficking, but acquitted him of possession of criminal tools and the forfeiture specifications. The trial court subsequently sentenced him to concurrent 12-month terms of imprisonment and three years of postrelease control. Defendant now appeals and assigns three errors for our review.

{¶ 16} Defendant’s first assignment of error states:

Appellant was denied due process and the right to a fair trial by the admission of evidence in violation of Evidence Rules 401, 402, 403, 404(B), and 609.

{¶ 17} Within this assignment of error, defendant complains that the state was improperly permitted to use evidence of defendant’s prior crimes as proof of a motive, scheme, or plan to conceal his drug sales through the use of a middleman.

{¶ 18} We review a trial court’s decision regarding the admission of such evidence under an abuse-of-discretion standard. State v. Sage (1987), 31 Ohio St.3d 173, 31 OBR 375, 510 N.E.2d 343, paragraph two of the syllabus.

{¶ 19} Pursuant to Evid.R. 404(B):

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.

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Related

State v. West
2014 Ohio 1941 (Ohio Court of Appeals, 2014)
State v. Goodson
2011 Ohio 5820 (Ohio Court of Appeals, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
948 N.E.2d 988, 192 Ohio App. 3d 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goodson-ohioctapp-2011.