State v. Devaughn

Citations

• 2020 Ohio 651

Syllabus

EVIDENCE – FELONIOUS ASSAULT – FAILURE TO COMPLY WITH AN ORDER OF A POLICE OFFICER – DRUGS – CONSTRUCTIVE POSSESSION: Defendant's convictions for felonious assault and failure to comply with an order of a police officer were supported by sufficient evidence and not against the manifest weight of the evidence where the state presented evidence that the undercover police officers identified themselves as police officers, ordered the defendant to exit from the car, and, instead of exiting from the car, defendant drove toward the officers at a high rate of speed. Defendant's convictions for drug possession and trafficking were not supported by sufficient evidence where the state's evidence established proximity to the drugs but did not establish that defendant exercised control over the drugs or knew that the drugs were present therefore, the evidence was insufficient to prove constructive possession.