State v. Stubbs

Citations

• 2024 Ohio 839

Syllabus

Vandalism serious physical harm drug possession possession of criminal tools sufficiency of the evidence manifest weight of the evidence forfeiture jury instructions admission of firearm evidence allied offenses merger of drug trafficking and possession. The state presented sufficient evidence for a reasonable factfinder to find Stubbs guilty of drug possession, possession of criminal tools, and vandalism. Stubbs's convictions were also not against the manifest weight of the evidence. Although the trial court erred when instructing the jury that the state's burden when proving forfeiture was preponderance of the evidence, the error was harmless because the state proved by clear and convincing evidence that the elements of forfeiture were met. Stubbs was not prejudiced by the admission of firearm evidence, and even if he was, the error was harmless because evidence of Stubbs's guilt was overwhelming. The trial court erred when it did not merge drug possession with drug trafficking because the two offenses are allied offenses of similar import. However, the trial court did not err when it did not merge drug trafficking under R.C. 2925.03(A)(1) (sell or offer to sell) and 2925.03(A)(2) (prepare for shipment or distribution) because they are not allied offenses of similar import. The case was remanded for merger and resentencing.