State v. Smith

Dyke, Chief Judge.

Defendant-appellant, Eric J. Smith, appeals his conviction for possession of criminal tools (R.C. 2923.24) and aggravated trafficking (R.C. 2925.03[A][7] ). 1

In his first assignment of error, appellant claims that the trial court impermis-sibly denied his Crim.R. 29 motion because the evidence was insufficient to support his conviction for possession of criminal tools. In his second assignment of error, appellant claims that he proved entrapment by a preponderance of the evidence. Upon review we find that appellant’s first assignment of error has merit. For the reasons which…