State v. Sowry

803 N.E.2d 867 (2004)

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Nature of the Case

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Facts

D was arrested on charges of disorderly conduct and resisting arrest. A pat-down failed to reveal any weapons or contraband. D was transported to jail by officers. At the jail, D was asked whether he had any drugs on his person. He replied 'No.' A thorough search revealed a baggie of marijuana in his right front pants pocket. D was charged with a violation of R.C. 2921.36(A)(2) (knowingly conveying drugs onto the grounds of a detention facility). D moved for a judgment of acquittal at the close of P's case, citing the requirements for criminal liability in R.C. 2901.21(A). The trial court denied the motion. D was convicted, and sentenced to a one-year term of imprisonment. D appealed.