State v. Panzeca

Citations

• 2020 Ohio 326

Syllabus

Appellant's conviction for permitting drug abuse in violation of R.C. 2925.13(B) was supported by sufficient evidence where the state presented evidence that appellant permitted her juvenile son to engage in conduct that would constitute the commission of a felony drug abuse offense if that conduct was committed by an adult. The permitting drug abuse statute, R.C. 2925.13(B), does not require the state to prove the person using the offender's home for the commission of a felony drug abuse offense was convicted of that offense in order to secure a permitting drug abuse conviction. The trial court also did not err by finding computer printouts of purported text messages exchanged between appellant and her son were properly authenticated where the record contained sufficient evidence to support a finding that the text messages were text messages exchanged between appellant and her son that were recovered during a data extraction of appellant's and her son's cellphones. The trial court further did not err by finding appellant was not statutorily eligible for intervention in lieu of conviction where the record indicated appellant's alcohol usage was not a factor leading to the criminal charges being brought against her as required by R.C. 2951.041(B)(6).