State v. Fleming

Citations

• 2022 Ohio 1876

Syllabus

After merger of possession and trafficking offenses, appellant was convicted of trafficking in cocaine and aggravated trafficking in drugs (methamphetamine). The trial court did not err in denying appellant's motion to suppress evidence the police officer had reasonable articulable suspicion that appellant was driving without a valid license, and after learning that appellant was subject to an arrest warrant, the officer lawfully found drugs on appellant's person during a search incident to his arrest. Appellant's convictions for trafficking in drugs were based on insufficient evidence. The jury could not have reasonably inferred that he was trafficking the small amount of drugs on the date of the offense based on text messages from a few weeks earlier that showed he was a drug dealer. Judgment reversed remanded for resentencing on the possession offenses.