[Cite as State v. Stepler,
2026-Ohio-55.]
IN THE COURT OF APPEALS OF OHIO
SEVENTH APPELLATE DISTRICT
BELMONT COUNTY
STATE OF OHIO,
Plaintiff-Appellee,
v.
HENRY LEON STEPLER,
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Case No. 25 BE 0015
Criminal Appeal from the
Court of Common Pleas of Belmont County, Ohio
Case No. 24 CR 135
BEFORE:
Carol Ann Robb, Cheryl L. Waite, Katelyn Dickey, Judges.
JUDGMENT:
Affirmed.
Atty. J. Kevin Flanagan, Belmont County Prosecutor, Atty. Jacob A. Manning, Assistant
Prosecuting Attorney, for Plaintiff-Appellee and
Atty. Robert T. McDowall Jr., Robert T. McDowall Co LLC for Defendant-Appellant.
Dated: January 8, 2026
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Robb, P.J.
{¶1} Defendant-Appellant Henry Leon Stepler appeals after being convicted in
the Belmont County Common Pleas Court. He challenges both the sufficiency of the
evidence and the weight of the evidence supporting the jury verdict on the aggravated
drug trafficking count (as well as the merged aggravated drug possession count). He
focuses on the forensic scientist’s decision to refrain from testing the substance in every
baggie recovered during the traffic stop. For the following reasons, Appellant’s conviction
is upheld, and the trial court’s judgment is accordingly affirmed.
STATEMENT OF THE CASE
{¶2} On September 5, 2024, Appellant was indicted on four counts. Before the
jury trial, he pled guilty to the fourth count, possession of a fentanyl-related compound, a
fourth-degree felony where the weight was 1.3 grams. (1/13/25 J.E.). The third count,
having a weapon under disability, was dismissed after law enforcement discovered it
would be unsafe to test-fire the shotgun to prove operability. (Tr. 4-5). This left for trial
the first two counts, which both involved methamphetamine (meth).
{¶3} Both count one aggravated drug possession and count two aggravated drug
trafficking were second-degree felonies due to the amount of meth being at least 5 times
the bulk amount (of 3 grams) but less than 50 times the bulk amount. A forfeiture
specification for the shotgun was attached to the trafficking count.
{¶4} At trial, a police officer testified he was patrolling on June 5, 2024, when he
saw a minivan traveling north on State Route 7 through Bridgeport while committing
multiple marked lane violations as the van cut from the far right lane to the left turn lane.
(Tr. 212). When the officer ran the van’s registration, he learned the 65-year-old owner
had a suspended or invalid operator’s license. (Tr. 212, 243).
{¶5} A traffic stop was initiated. The officer’s bodycam video depicted Appellant
in the driver seat, a female in the front passenger seat, a female in the back seat behind
the driver, and a male in the back seat behind the passenger. (St.Ex. 6). The officer ran
their names through his computer and then asked Appellant to exit the van.
{¶6} In answering questions about his license, Appellant said he went to court in
Ravenna and believed the judge issued an order to the BMV. When it was noted his
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address was listed as Akron, he said he was looking at housing and getting ready to move
to Steubenville. Appellant gave consent to search the van, and the officer ordered the
passengers out.
{¶7} While watching the female in the back seat retrieve a dog (from behind her
position in the van), the officer noticed a small digital scale on the floor area behind the
front passenger seat. There was a white residue remaining on the scale. (Tr. 213).
{¶8} In the seat pocket on the back of the front passenger seat, the officer found
a small pouch containing a card in the male passenger’s name, a used syringe, a cut
straw, and three pills said to be Benadryl. (Tr. 215, 227, 272). The officer questioned the
male passenger in the back of a police cruiser while conducting the investigation.
{¶9} Appellant was ordered to remove his boots. He initially said this would be
difficult because he had foot sores. (Tr. 217). When Appellant removed his first boot, a
baggie fell to the ground from his pant leg area. When he removed his second boot,
another baggie fell out of his other pant leg area. (Tr. 215-217).
{¶10} Based on his experience and training, the officer believed the crystalline
substance in one baggie was meth (Item 4) and the white powdered substance in the
other baggie was fentanyl (Item 5). The officer testified he viewed these substances in
the past in various forms and considered the look, color, and texture of the substances.
(Tr. 222). Both baggies recovered from Appellant were formed from a torn piece of a
plastic bag knotted at the top. (Tr. 228); (St. Ex. 7).
{¶11} The officer read Appellant his Miranda rights while they stood by the cruiser.
Upon placing the drugs on the hood of the cruiser, the officer asked Appellant, “Is that
fentanyl?” Appellant confirmed the officer’s visual identification by answering, “Yeah.”
The officer subsequently asked, “Fentanyl and meth?” Appellant nodded while
responding in the affirmative. (Tr. 222, 236, 269); (St.Ex. 6).
{¶12} In further searching the van, a small ledger book was found in the back seat,
which listed names, fractions, and what “looked like mechanic parts.” (Tr. 255, 275). A
shotgun was recovered from the back storage area. (Tr. 224-225, 241).
{¶13} An assisting officer standing near the driver’s seat was looking through the
observable compartments on a tower console in the center dashboard area. (St. Ex. 6).
The flat top of the console, where control knobs and vents were located, seemed
Case No. 25 BE 0015
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abnormal or loose. (Tr. 218, 241). The assisting officer was able to lift this top, peer into
a cavity, and spot baggies in the space nearest the driver’s position. (Tr. 218, 240).
{¶14} Three baggies containing a crystalline substance were removed from the
makeshift hidden compartment (Items 1, 2, and 3). (Tr. 220, 239). Regarding their
packaging, Item 1’s baggie was a torn piece of a plastic bag with a knotted top (similar to
the baggies found on Appellant’s person), and Items 2 and 3 were ziptop baggies. (St.
Ex. 6-7). Two empty ziptop baggies fell from the compartment as well. Appellant
subsequently claimed the male back seat passenger was a drug dealer while saying, “I’m
just driving.” (Tr. 257-258).
{¶15} All five baggies (three from Appellant’s compartment and two from
Appellant’s person) were submitted to Ohio’s Bureau of Criminal Investigation (BCI) for
testing. The defense stipulated BCI was an accredited agency. The defense also
stipulated the testifying BCI forensic scientist was an expert in drug chemistry. (Tr. 174).
The scientist performed chemical testing on Item 1 and Item 5.
{¶16} Her testing of Item 5 revealed fentanyl in the white powdery substance
found in one of the baggies on Appellant’s person. Without the knotted baggie as
packaging, this substance weighed 1.3 grams. (Tr. 182-183, 193). The police officer
described 1.3 grams as a “substantial amount” of fentanyl. (Tr. 266). Again, Appellant
pled guilty to this count of drug possession.
{¶17} The testing of Item 1 showed the crystalline substance (from the hidden
compartment in Appellant’s van) was meth. Without the knotted baggie as packaging,
this substance weighed 27.79 grams. (Tr. 181-182, 187-188).
{¶18} The BCI scientist did not test the other three baggies containing the
crystalline substance because their contents were visually consistent with the crystalline
substance in Item 1 and together the weight of all four items containing the crystalline
substance would not push the charge into the next statutory level. (Tr. 189, 191, 199).
As she explained, the combined weight of Item 1 (27.79), Item 2 (56.63 grams), Item 3
27.21 grams), and Item 4 (19.28 grams) would not exceed 150 grams (50 times the 3-
gram bulk amount for meth). (Tr. 189-193); (St. Ex. 5, lab report).1
1 The BCI scientist noted she did not remove the packaging from the untested items and thus they were
gross weights (including the weight of the baggie) because the level of offense for the tested meth would
be unaffected by additional weights of the untested items. (Tr. 187-192).
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{¶19} On cross-examination, it was elicited that the BCI scientist received a
narrative of the offenses from the police department, but she did not realize Item 4 was
found in a different location as Items 1, 2, and 3. Defense counsel asked if “maybe” she
would have tested Item 4 if she knew about the distinct location recoveries, and she said,
“Yes.” Hypotheticals were provided. She was asked whether she would test the
substance in both baggies if one was found in a pocket and this led to a search where
“something else is found in a bag.” Her answer indicated she would test both upon such
information. She was also asked whether she would test the substance in both baggies
if one was from a person’s purse and one was from a vehicle’s trunk. She answered,
“Possibly. Yes” but also suggested it depended on visual consistency. (Tr. 198-199).
{¶20} The trial court denied the defense’s Crim.R. 29 motion for acquittal. The
jury found Appellant guilty of both charges and the forfeiture specification. The court
ordered a presentence investigation.
{¶21} Thereafter, the court found the offenses were allied offenses of similar
import and merged the aggravated possession of meth count into the aggravated
trafficking of meth count at the state’s election. The court sentenced Appellant to a 7-
year stated minimum prison term for aggravated drug trafficking, resulting in an indefinite
maximum term of 10.5 years. On the possession of fentanyl count to which Appellant
previously pled guilty, the court imposed 12 months in prison to run consecutively,
announcing a total sentence of 8 to 11.5 years in prison. (1/30/25 J.E.). The within appeal
followed.
ASSIGNMENT OF ERROR
{¶22} Setting forth arguments on both sufficiency and weight of the evidence,
Appellant’s assignment of error contends:
“A jury charge allowing a finding of possession of and trafficking in a controlled
substance is erroneous and against the manifest weight of the evidence when the State’s
evidence is based on forensic (chemical) testing of multiple packages located at disparate
places and where none of the packages at the second location were ever tested to
determine the forensic (chemical) composition, the untested packages were accessible
to multiple other persons, and the analyst was unaware the packages submitted were
from different locations.”
Case No. 25 BE 0015
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{¶23} Appellant states the main issues before the jury were whether the meth in
the hidden compartment was imputable to him and whether the state established the
relevant substance was meth. Recognizing one baggie containing a crystalline substance
was forensically found to be meth by a BCI scientist, he suggests the tested meth from
one location did not support a finding that the untested similar crystalline substance from
a separate location was also meth. He points out the BCI scientist indicated she may
have tested the substance from an additional baggie had she realized the baggie she
tested was recovered from a different place. He discounts the value of the visual
examinations, his admissions, or his spatial proximity to the meth in the hidden
compartment of his van.
{¶24} Appellant concedes the applicable case law does not mandate the testing
of all recovered substances. See, e.g., State v. Edwards, 2013-Ohio-4342, ¶ 40 (10th
Dist.) (“random-sampling method is sufficient as a matter of law to support a
determination that the entire substance recovered together and similarly packaged is the
same controlled substance as that tested”). However, Appellant distinguishes the cases
using the random sampling or hypergeometric method by claiming sufficient and weighty
evidence only exists where the untested drugs occupied the same space as the tested
drugs. See
id. (nine baggies in the same grocery bag need not all be tested to prove
identity).
{¶25} We note the untested drugs (found sufficient and weighty) in the cited
Edwards case were necessary to push the level of the offender’s drug offense to the next
degree. On the contrary, the untested bags here were not required for Appellant’s guilt,
as the tested bag of meth alone satisfied the weight bracket charged. And, the BCI
scientist testified the untested bags were visually consistent with the tested baggie of
meth, but she did not assert those contents were meth (as they were not required for the
offense, which was fully explained in her testimony).
{¶26} In accordance, there was no objection to the evidence itself or to her
testimony on visual consistency. (Tr. 189-193, 278). Such an objection would not have
been granted in any event because even counterfeit suspiciously packed or hidden
substances would be relevant to various elements in a trafficking case when they are
found near or in places related to the tested substances. Instead, the defense reasonably
Case No. 25 BE 0015
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relied on cross-examination in an attempt to discredit testimony or diminish its
implications. See State v. Dykes, 2023-Ohio-4378, ¶ 10-22 (11th Dist.) (addressing the
appellate citation to the BCI Drug Chemistry Methods Manual, concluding the lack of
objection to the scientist’s testimony was likely due to the defendant’s recognition that the
random-testing method is an accepted practice for the state to meet its burden of
production in Ohio, and then rejecting sufficiency and weight challenges). We also note
as to any allusion to relevancy, “it is only unfair prejudice to be weighed against the
probative value, as the state's evidence will obviously prejudice a defendant.” State v.
Malvasi,
2022-Ohio-4556 ¶ 65 (7th Dist.).
{¶27} In essence, the case law and arguments set forth by Appellant acknowledge
the decision to test only one of the three baggies recovered from the van’s secret
compartment was appropriate. His argument boils down to a claim that the baggie on his
person had to be tested, despite his admission to carrying meth and despite its similar
appearance to the tested substance from the compartment (as confirmed by an
experienced officer and a forensic scientist). Citing sufficiency principles, he concludes
the court should not have submitted the case to the jury because a rational juror could
not find beyond a reasonable doubt the crystalline substance found on his person was
meth. Addressing the weight of the evidence and referencing prejudice, he observes the
more meth the state could attribute to him, the more likely it was the jury would find he
was trafficking in it.
{¶28} Although the text of the assignment of error compresses two separate
theories into one sentence, his arguments thereunder acknowledge the understanding
that sufficiency of the evidence and weight of the evidence are distinct concepts with
different tests. State v. Thompkins, 78 Ohio St.3d 380, 386-387 (1997). Before reviewing
each test, we note a sufficiency reversal is barred from retrial by double jeopardy, but a
reversal on weight of the evidence is not. Id. at 388. The weight of the evidence became
an issue after the prosecution presented legally sufficient evidence and then persuaded
the jury to convict (and it is thus often observed a conviction necessarily is supported by
sufficient evidence if it is supported by the weight of the evidence). State v. Whitacre,
2023-Ohio-1029, ¶ 76 (7th Dist.).
Case No. 25 BE 0015
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{¶29} Whether the evidence is legally sufficient to sustain a conviction is a
question of law dealing with adequacy. Thompkins at 386. In reviewing the sufficiency
of the evidence, the court views the evidence, including reasonable inferences, in the light
most favorable to the prosecution to ascertain whether a rational juror could have found
the elements of the offense proven beyond a reasonable doubt. State v. Goff, 82 Ohio
St.3d 123, 138 (1998); see also State v. Filiaggi,
86 Ohio St.3d 230, 247 (1999) (viewing
reasonable inferences in favor of the state); Jackson v. Virginia,
443 U.S. 307, 319 (1979)
(consider all evidence in the light most favorable to the prosecution, including reasonable
inferences). This is the same standard applicable to a defendant's motion for acquittal.
See State v. Williams,
74 Ohio St.3d 569, 576 (1996); Crim.R. 29(A).
{¶30} An evaluation of witness credibility is not involved in a sufficiency review, as
the question is whether the evidence is sufficient if it is believed. State v. Yarbrough,
2002-Ohio-2126, ¶ 79, 82; State v. Murphy,
91 Ohio St.3d 516, 543 (2001). Accordingly,
sufficiency involves the state's burden of production on the elements rather than its
burden of persuasion. Thompkins at 390 (Cook, J., concurring).
{¶31} Although count one was merged into count two and thus received no final
judgment of sentence, Appellant applies his arguments to both counts in order to ensure
a complete reversal if successful (and avoid a reactivation of the merged count). On the
first count, the jury was instructed on drug possession with the following elements:
knowingly obtain, possess, or use a controlled substance or a controlled substance
analog. (Tr. 332); R.C. 2925.11(A). This offense is aggravated drug possession “if the
drug involved in the violation is a compound, mixture, preparation, or substance included
in schedule I or II [with the exception of certain other listed drugs] and any controlled
substance analog . . .” R.C. 2925.11(C)(1). It is a second-degree felony with a mandatory
prison term where “the amount of the drug involved equals or exceeds five times the bulk
amount but is less than fifty times the bulk amount . . .” R.C. 2925.11(C)(1)(c).
{¶32} Possess means “having control over a thing or substance . . .” R.C.
2925.01(K) (“but may not be inferred solely from mere access to the thing or substance
through ownership or occupation of the premises upon which the thing or substance is
found”); see also State v. Hankerson, 70 Ohio St.2d 87, 91 (1982) (the defendant must
be “conscious” of the object's presence). “A person can be in possession of an object
Case No. 25 BE 0015
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through immediate physical possession or constructive possession, which involves
dominion and control over an object.” State v. Miller, 2024-Ohio-4520, ¶ 45-46 (7th Dist.),
citing State v. Wolery,
46 Ohio St.2d 316, 329 (1976) and Hankerson at syllabus
(constructive possession through dominion and control exists even if the object was not
in the defendant’s immediate physical possession).
{¶33} As the jury was instructed, actual ownership is not necessary to drug
possession, and a person may possess or control property belonging to another. State
v. Mann, 93 Ohio App.3d 301, 308 (8th Dist. 1993); see also State v. Johnson, 2024-
Ohio-1163, ¶ 41 (8th Dist.) (“actual possession is ownership or physical control” and “the
state need not establish ownership to prove constructive possession”). It was additionally
pointed out to the jury how joint possession may exist when two (or more) people have
“possession together” with both having “the ability to control it, exclusive of others.” (Tr.
333); see also State v. Tate,
2018-Ohio-2765, ¶ 4 (7th Dist.). We also note R.C.
2925.11(A) prohibits more than possession. This drug possession statute additionally
covers obtaining (or using) the substance, and the jury was instructed obtain means to
acquire in any way. (Tr. 333).
{¶34} Pertaining to the second count, the jury was instructed on drug trafficking
with the following elements: knowingly transport a controlled substance (or analog) when
the offender knows or has reasonable cause to believe it is intended for sale or resale by
the offender or another. R.C. 2925.03(A)(2); (Tr. 287, 335-336) (after the parties agreed
to omit alternatives to the transport element). The offense is aggravated trafficking when
the drug “is a compound, mixture, preparation, or substance included in schedule I or II .
. . and any controlled substance analog . . . ’’ R.C. 2925.03(C)(1) (except certain listed
drugs). It is a second-degree felony if “the amount of the drug involved equals or exceeds
five times the bulk amount but is less than fifty times the bulk amount . . .” R.C.
2925.03(C)(1)(d).
{¶35} As stipulated by the parties, meth is a schedule II substance with a bulk
amount of 3 grams. (Tr. 150, 332-333). Therefore, the level of offense here only required
proof Appellant possessed 15 grams of meth. Appellant was not charged with the next
level of offense, which applies when the amount of meth reaches 150 grams (50 times
three 3 grams).
Case No. 25 BE 0015
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{¶36} As intent dwells in the mind of the defendant, establishing the mens rea for
an offense revolves around an evaluation of the totality of the surrounding facts and
circumstances. State v. Treesh, 90 Ohio St.3d 460, 484-485 (2001). Circumstantial
evidence inherently possesses the same probative value as direct evidence.
Id. at 485.
The mens rea of knowingly is statutorily defined as follows:
A person acts knowingly, regardless of purpose, when the person is aware
that the person's conduct will probably cause a certain result or will probably
be of a certain nature. A person has knowledge of circumstances when the
person is aware that such circumstances probably exist. When knowledge
of the existence of a particular fact is an element of an offense, such
knowledge is established if a person subjectively believes that there is a
high probability of its existence and fails to make inquiry or acts with a
conscious purpose to avoid learning the fact.
R.C. 2902.22(B).
{¶37} For a sufficiency review, the question is merely whether “any” rational trier
of fact could have found the contested elements satisfied beyond a reasonable doubt.
State v. Getsy, 84 Ohio St.3d 180, 193 (1998), quoting Jackson,
443 U.S. at 319. Here,
the three baggies from the hidden compartment all contained a white crystalline
substance. The BCI scientist tested one of those items (Item 1). The law cited by
Appellant indicates the state could appropriately limit the testing of baggies recovered
from the same location (Items 1, 2, and 3). Notably, the tested Item 1 contained meth
and weighed 27.79 grams. This alone far surpassed the charged level of 5 times the 3-
gram bulk amount of 15 grams.
{¶38} In addition, the tested substance in Item 1 appeared consistent with the
substance in Items 2 and 3, all of which were found compacted into the same cavity. The
makeshift hidden compartment was located in the front console tower of a van registered
to Appellant and being driven by Appellant. The driver’s body was behind the console;
that is, the console was not an armrest between the seats. The driver’s body would barely
move in order for his hand to move from the steering wheel to manipulate the console
cap. The space under the console cap where the baggies were found was in the left side
of the cavity, which was the side closest to the driver’s seat. And, the driver’s seat was
Case No. 25 BE 0015
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occupied by Appellant in his own vehicle where he was admittedly transporting a shotgun.
The operability or inoperability of the gun (Appellant said previously belonged to his
grandfather) was not a dispositive fact to make its presence relevant to a trafficking
charge (or to its forfeiture). The lifting of the console top to hide Items 1, 2, and 3 in the
left portion of the cavity was not something that could be easily performed by a passenger
during a traffic stop.
{¶39} Additionally, Appellant carried a crystalline substance similar to the tested
Item 1 in his pant leg area (Item 4). In viewing the tested Item 1 from Appellant’s van
compartment and the untested Item 4 from Appellant’s person, one can see the
packaging technique was similar; both were constructed from torn plastic bags knotted at
the top to form a pouch. Although Item 4 from Appellant’s pant leg was not tested, the
distinct-looking white powder (non-crystalline) substance from his other pant leg (Item 5)
was tested and found to contain fentanyl (and he pled guilty to that offense). Moreover,
Appellant admitted the two items he carried on his person were in fact fentanyl and meth.
{¶40} Collectively, all this allowed a rational person to find Appellant was
trafficking in the substance in the van, especially in the amount in the item tested by BCI.
Even if one were to strike or discount the rational inference regarding the untested baggie
on his person, the failure to test Item 4 did not eliminate the sufficiency of the evidence
on the meth being transported in Appellant’s van. Again, reasonable inferences are
evaluated in the light most favorable to the prosecution. Goff, 82 Ohio St.3d at 138;
Filiaggi, 86 Ohio St.3d at 247. Some rational juror could conclude beyond a reasonable
doubt that Appellant knowingly transported meth when he knew or had reasonable cause
to believe it was intended for sale or resale by him or another. R.C. 2925.03(A)(2); (Tr.
287, 335-336) (agreeing to proceed on the verb “transport” and omit other verbs
constituting the offense).
{¶41} As there was sufficient evidence of the trafficking offense in count two, the
arguments specific to count one drug possession need not be addressed. Regardless,
contrary to Appellant's other argument, a rational juror could conclude beyond a
reasonable doubt that he obtained or possessed 15 grams or more of meth. The nature
and location of the compartment in Appellant’s own van that he was driving allowed a
rational fact-finder to conclude he obtained the drugs or possessed them by exercising
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dominion and control over them. In sum, there was sufficient evidence of the possession
offense in count one, which was merged into count two in any event.
{¶42} Weight of the evidence concerns the effect of the evidence in inducing
belief, and our corresponding review evaluates “the inclination of the greater amount of
credible evidence, offered in a trial, to support one side of the issue rather than the other.”
Thompkins, 78 Ohio St.3d at 387. The appellate court considers whether the state met
its burden of persuasion. Id. at 390 (Cook, J., concurring) (as opposed to the state's
burden of production involved in a sufficiency review).
{¶43} When a defendant argues a conviction is contrary to the manifest weight of
the evidence, the appellate court reviews the entire record, weighs the evidence including
reasonable inferences, considers the credibility of witnesses, and determines whether, in
resolving conflicts in the evidence, the jury clearly lost its way and created such a manifest
miscarriage of justice that the conviction must be reversed and a new trial ordered. State
v. Lang, 2011-Ohio-4215, ¶ 220, citing Thompkins at 387. The discretionary power to
grant a new trial on manifest weight grounds is limited to the “exceptional” case, one
where the evidence weighs “heavily” against a finding of guilt. Id.
{¶44} “[T]he weight to be given the evidence and the credibility of the witnesses
are primarily for the trier of the facts.” State v. Hunter, 2011-Ohio-6524, ¶ 118, quoting
State v. DeHass,
10 Ohio St.2d 230 (1967), paragraph one of the syllabus. This is
because the trier of fact occupies the best position from which to weigh the evidence and
judge the witnesses’ credibility by observing their gestures, voice inflections, and
demeanor. Seasons Coal Co. v. Cleveland,
10 Ohio St.3d 77, 80 (1984). “We therefore
generally proceed under the premise that when there are two fairly reasonable views of
the evidence or two conflicting versions of events, neither of which is unbelievable, we do
not choose which one we believe is more credible.” State v. Carter,
2017-Ohio-7501, ¶
105 (7th Dist.), citing State v. Gore,
131 Ohio App.3d 197, 201 (7th Dist. 1999).
{¶45} Furthermore, where a case was tried by a jury, only a unanimous appellate
court can reverse on manifest weight of the evidence grounds. Ohio Const., art. IV, §
3(B)(3). The power of the court of appeals to sit as the “thirteenth juror” is limited in order
to preserve the jury's primary function of weighing the evidence. Thompkins at 389.
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{¶46} A witness with experience in the subject is not barred from providing an
opinion about the identity of a drug that was not subjected to lab testing. State v. McKee,
91 Ohio St.3d 292, 294-297 (2001) (even a drug user lay witness can provide an expert
opinion on identity of a drug if accompanied by a foundation as to personal knowledge
and experience), citing Evid.R. 701. The officer spoke about identifying meth and fentanyl
based on his experience and training. His visual opinion of the substances on Appellant’s
person was confirmed by Appellant himself. Notably, Appellant admitted he possessed
on his person both fentanyl and meth. Further, his admission to carrying fentanyl was
consistent with the officer’s visual opinion on the fentanyl and was confirmed by BCI
testing (and by Appellant’s guilty plea).
{¶47} Regardless, Item 1 was tested by BCI and found to contain meth. Item 1
was nestled with two other baggies containing a similar crystalline substance in a secret
compartment created by someone who tampered with the driver’s side top of a console
tower in the van, which Appellant owned and was driving. Appellant cites case law
supporting the decision to refrain from testing Items 2 and 3 after testing Item 1 due to
their physical proximity and visual consistency. Under said law, the meth in Item 1
squished into a cavity with other packages containing a visually consistent crystalline
substance, all together weighing over 100 grams, supported the other evidence on
identification and permitted a conclusion that Items 2 and 3 contained the same
substance as Item 1. As the state emphasizes, this conclusion was not necessary to the
case in any event because the meth in Item 1 weighed 27.29 grams, well over the bulk
amount by itself.
{¶48} As to Item 4, again, Appellant admitted the substances found on his person
were meth (Item 4 crystalline substance weighing approximately 19.28 grams) and
fentanyl (Item 5 white powdered substance) after the officer visually identified them as
such from his experience and training. The baggie with white powder was confirmed to
contain fentanyl by BCI testing. The failure to test Item 4 did not render suspect the
verdict on trafficking more than 15 grams of meth or the verdict on possession of more
than 15 grams of meth. The testing decisions made in this case did not cause the jury to
lose its way or prejudice Appellant’s defense.
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{¶49} Finally, Appellant’s statement that the back seat passenger was the actual
drug dealer and he was “just driving” was not necessarily exculpatory but instead could
be reasonably viewed as inculpatory. As set forth above, drug trafficking would be
accomplished if Appellant knowingly transported the meth while knowing or having
reasonable cause to believe the meth was intended for sale or resale by the offender or
another. R.C. 2925.03(A)(2). We incorporate our recitation of the evidence from our
Statement of the Case and sufficiency analysis. The direct and circumstantial evidence
reviewed above strongly weighs in favor of finding Appellant so transported the meth in
his van. See, e.g., State v. Davis, 2022-Ohio-577, ¶ 24-34 (5th Dist.) (emphasizing
proximity of drugs in vehicle and ownership of vehicle in addressing sufficiency and
weight).
{¶50} As such, the jury verdict on the merged count of possession of meth need
not be reviewed. In any case, persuasive evidence convincingly tilted the scales toward
the jury’s conclusion that he possessed or obtained 15 grams or more of meth. The
totality of the evidence regarding the meth in the secret compartment indicated
Appellant’s dominion and control over it. Upon reviewing the entire record, weighing the
evidence along with reasonable inferences, and considering the credibility of witnesses,
we cannot say the jury clearly created such a manifest miscarriage of justice that the
conviction must be reversed and a new trial ordered. This is not the “exceptional” case
where the evidence weighs “heavily” against the conviction of trafficking in more than 15
grams of meth (or the merged possession conviction). See Lang, 2011-Ohio-4215, at ¶
220, citing Thompkins, 78 Ohio St.3d at 387.
{¶51} For the various reasons discussed above, Appellant’s assignment of error
is overruled, his conviction is upheld, and the trial court’s judgment is accordingly
affirmed.
Waite, J., concurs.
Dickey, J., concurs.
Case No. 25 BE 0015
[Cite as State v. Stepler, 2026-Ohio-55.]
For the reasons stated in the Opinion rendered herein, the assignment of error is
overruled and it is the final judgment and order of this Court that the judgment of the Court
of Common Pleas of Belmont County, Ohio, is affirmed. Costs waived.
A certified copy of this opinion and judgment entry shall constitute the mandate in
this case pursuant to Rule 27 of the Rules of Appellate Procedure. It is ordered that a
certified copy be sent by the clerk to the trial court to carry this judgment into execution.
NOTICE TO COUNSEL
This document constitutes a final judgment entry.
