State v. Jones

Summary

The Ohio First District Court of Appeals affirmed Sparkle Jones’s conviction for permitting drug abuse under R.C. 2925.13(B), holding that the evidence of drug scales, baggies, cash, firearms, and drugs was sufficient to support the conviction. The court reversed her child-endangerment convictions under Cincinnati Municipal Code 915-3(a) and discharged her because the State presented insufficient evidence that she had custody or control of, or stood in loco parentis to, the children. The court declined to reach Jones’s preemption argument as moot.

Holdings

1. Sufficient evidence supported Jones's conviction because the presence in her leased home of drug scales, packaging baggies, large amounts of cash, firearms, and a small quantity of cocaine constituted circumstantial evidence that she knowingly permitted the premises to be used by Barnes for felony drug trafficking.
2. The child-endangerment convictions were based on insufficient evidence because the State failed to prove that Jones was the children's parent, guardian, custodian, person having custody or control, or person in loco parentis. Mere cohabitation with the children's father and the children was insufficient.

Questions Presented

1. Whether sufficient evidence supported Jones's conviction for permitting drug abuse under R.C. 2925.13(B).
2. Whether sufficient evidence supported Jones's child-endangerment convictions under Cincinnati Mun.Code 915-3(a), particularly the required relationship of parent, guardian, custodian, person having custody or control, or person in loco parentis.
3. Whether Cincinnati Mun.Code 915-3 was preempted by R.C. 9.68.

Disposition

other