[Cite as State v. Scott , 2020-Ohio-1212.]

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO : JUDGES: : Hon. William B. Hoffman, P.J. Plaintiff-Appellee : Hon. Craig R. Baldwin, J. : Hon. Earle E. Wise, Jr., J. -vs- : : PAUL SCOTT : Case No. 19CA000030 : Defendant-Appellant : O P I N I O N

CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 19CR04-0140

JUDGMENT: Affirmed

DATE OF JUDGMENT: March 27, 2020

APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant CHARLES T. MCCONVILLE TODD W. BARSTOW 117 East High Street, Suite 234 538 South Yearling Road Mount Vernon, OH 43050 Suite 202 Columbus, OH 43213Knox County, Case No. 19CA000030 2

Wise, Earle, J. {¶ 1} Defendant-Appellant Paul D. Scott appeals the July 30, 20 19 judgment of conviction and sentence of the Knox County Court of Common Plea s. Plaintiff-Appellee is the state of Ohio. FACTS AND PROCEDURAL HISTORY {¶ 2} In March of 2019, Detective Jessica Baker of the Mount Ve rnon Police department was approached by Andrew Ellis. Ellis desired to mak e controlled narcotics purchases for the department in order to bargain away a fifth d egree felony drug possession charge against his wife. Ellis had a prior drug offe nse in 2012, illegal assembly of chemicals for the manufacture of drugs, which was accompanie d by a child endangering charge. {¶ 3} Ellis and his wife signed a contract with Butler for two buys from one target suggested by himself, Paul Scott. {¶ 4} The first buy took place on March 7, 2019. Five detective s participated, Detective Corporal Deshant, and Detectives Butler, Wolf, Haver and Arnold. Ellis advised detectives on that date he could buy an "eight ball" of methamp hetamine from Scott for $140. Ellis, his wife, and his vehicle were searched for contra band and found to be clean. Ellis was fitted with a recording /listening device and $140 of buy money. {¶ 5} Ellis drove to Scott's home at 1008 West Vine Street, a r esidence located within 300 feet of a school. Deshant, Butler and Wolf followed and parked two blocks away listening to the transaction. Haver and Arnold proceeded l ikewise and parked at a location where they could maintain visual contact on Ellis as h e entered and exited Scott'sKnox County, Case No. 19CA000030 3

home and to listen to the trans action. Ellis's wife remained ou tside. Some of the detectives were familiar with Scott and recognized his voice while the tra nsaction was taking place. {¶ 6} Following the transaction, detectives met with Ellis at a predetermined location. Detectives seized the drugs and again searched Ellis, his wife, and his car and found no contraband. Ellis was debriefed and stated Scott sold him the drugs and no one else had been present on the home. The drugs were sent to the B ureau of Criminal Investigations (BCI) for testing which confirmed the substance was 3.25 grams of methamphetamine, greater than the bulk amount. {¶ 7} The same procedure was followed for a second buy which to ok place on March 22, 2019. This time Ellis participated without his wife. Ellis was again provided with $140 to purchase an eight ball from Scott. Ellis returned with the drugs which were again sent to the BCI and confirmed to be 3.37 grams of methamphetami ne. {¶ 8} As a result of these events, Scott was charged with two c ounts of aggravated trafficking in methamphetamine pursuant to R.C. 2925 .03(A)(1), felonies of the second degree. Each count contained two specifications: the offense was committed in the vicinity of a school, and the amount of methamphetamine involved exceeded the bulk amount. {¶ 9} Scott pled not guilty to the charges and opted to proceed to a jury trial which took place on July 9 and 10, 2019. The state presented testimon y from each of the detectives involved in the matter, two forensic scientists from the BCI, Ellis, and the Knox County Tax Map Supervisor Justin Smith. Scott rested without pr esenting evidence. The jury subsequently found him guilty as charged. Scott was senten ced to an aggregate 10- year prison term.Knox County, Case No. 19CA000030 4 {¶ 10} Scott filed an appeal and the matter is now before this court for consideration. He raises one assignment of error as follows:

I {¶ 11} "THE TRIAL ERRED AND DEPRIVED APPELLANT OF DUE PROCESS OF LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE ONE SECTION TEN OF THE OHIO CONSTITUTION BY FINDING HIM GUILTY OF AGGRAVATED TRAFFICKING IN DRUGS, AS THOSE VERDICTS WERE NOT SUPPORTED BY SUFFICIENT EVIDENCE AND WERE ALSO AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE." {¶ 12} In his sole assignment of error, Scott argues his convic tions are unsupported by sufficient evidence, and are against the manifes t weight of the evidence. We disagree. {¶ 13} On review for sufficiency, a reviewing court is to exami ne the evidence at trial to determine whether such evidence, if believed, would su pport a conviction. State v. Jenks , 61 Ohio St.3d 259, 574 N.E.2d 492 (1991). "The relevant inqu iry is whether, after viewing the evidence in a light most favorable to the pro secution, any rational trier of fact could have found the essential elements of the crime pr oven beyond a reasonable doubt." Jenks at paragraph two of the syllabus, following Jackson v. Virginia , 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). On review for manif est weight, a reviewing court is to examine the entire record, weigh the evidence and a ll reasonable inferences, consider the credibility of wit nesses and determine "whether in resolving conflicts in theKnox County, Case No. 19CA000030 5
evidence, the jury clearly lost its way and created such a mani fest miscarriage of justice that the conviction must be reversed and a new trial ordered." State v. Martin , 20 Ohio App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983). See also, State v. Thompkins , 78 Ohio St.3d 380, 678 N.E.2d 541 (1997). The granting of a new trial "should be exercised only in the exceptional case in which the evidence weighs heavily ag ainst the conviction." Martin at 175. {¶ 14} Scott was charged with two identical counts of aggravate d trafficking in drugs, specifically methamphetamine, pursuant to R.C. 2925.03(A )(1). Each count contained two specifications – the offense was committed in the vicinity of a school, and the amount of methamphetamine involved exceeded the bulk amount

. {¶ 15} Scott does not argue that the state failed to produce su fficient evidence to satisfy any element of the charged crimes. Instead, Scott argue s that the testimony of Ellis was not believable. We note however the weight to be give n to the evidence and the credibility of the witnesses are issues for the trier of fact. State v. Jamison , 49 Ohio St.3d 182, 552 N.E.2d 180 (1990). The trier of fact “has the best opp ortunity to view the demeanor, attitude, and credibility of each witness, something that does not translate well on the written page.” Davis v. Flickinger , 77 Ohio St.3d 415, 418, 674 N.E.2d 1159 (1997). {¶ 16} While Scott points to Ellis's prior record and the fact that Ellis had something to gain by fabricating a tale to appease law enforcement, the j ury heard all these facts. The jury also heard testimony that Ellis made two purchases of methamphetamine from Scott on two occasions in March 2019, that each of those purcha ses were indeed methamphetamine per BCI testing, and the weight of the drug exc eeded the bulk amount.Knox County, Case No. 19CA000030 6 The jury further heard both transactions were conducted within 300 feet of a school. T. 135-144, 158-165, 202-204, 189, 195, 237. {¶ 17} Thus ample evidence was produced by the state to support each element of the offenses. Whether or no t Ellis was believable was a matt er for the jury to resolve. {¶ 18} Upon review, based on the testimony and exhibits present ed, we find sufficient evidence, if believed, to support the jury's verdict . We do not find any manifest miscarriage of justice. {¶ 19} The sole assignment of error is denied. {¶ 20} The judgment of the Court of Common Pleas, Knox County, Ohio is affirmed.

By Wise, Earle, J. Hoffman, P.J. and Baldwin, J. concur.

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