[Cite as State v. Newcome, 2016-Ohio-1022.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Sheila G. Farmer, P.J.
Plaintiff-Appellee : Hon. W. Scott Gwin, J.
: Hon. Patricia A. Delaney, J.
-vs- :
:
JEFFREY NEWCOME : Case No. 15CA48
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 2014-CR-0714
JUDGMENT: Affirmed
DATE OF JUDGMENT: March 11, 2016
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
DANIEL M. ROGERS JOHN C. O'DONNELL
38 South Park Street 10 West Newlon Place
Mansfield, OH 44902 Mansfield, OH 44902
Richland County, Case No. 15CA48 2
Farmer, P.J.
{¶1} On December 8, 2014, the Richland County Grand Jury indicted appellant,
Jeffrey Newcome, on one count of deception to obtain a dangerous drug in violation of
R.C. 2925.22 and one count of identity fraud in violation of R.C. 2913.49. Said charges
arose from an incident wherein appellant attempted to obtain pain medication from Ohio
MedCentral Emergency Room on October 26, 2014 by impersonating his brother.
{¶2} A jury trial commenced on May 11, 2015. The jury found appellant guilty as
charged. By judgment entry filed May 13, 2015, the trial court merged the two counts and
sentenced appellant to eighteen months in prison.
{¶3} Appellant filed an appeal and this matter is now before this court for
consideration. Assignment of error is as follows:
I
{¶4} "THE VERDICT OF GUILTY WAS CONTRARY TO THE WEIGHT OF THE
EVIDENCE."
I
{¶5} Appellant claims his conviction was against the manifest weight of the
evidence as no proof was presented to establish that he requested pain medication or
that he lied about his need for pain medication. We disagree.
{¶6} On review for manifest weight, a reviewing court is to examine the entire
record, weigh the evidence and all reasonable inferences, consider the credibility of
witnesses and determine "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. Martin, 20 Ohio App.3d 172, 175 (1st
Richland County, Case No. 15CA48 3
Dist.1983). See also, State v. Thompkins, 78 Ohio St.3d 380, 1997-Ohio-52. The
granting of a new trial "should be exercised only in the exceptional case in which the
evidence weighs heavily against the conviction." Martin at 175.
{¶7} Appellant was convicted of and sentenced on a violation of R.C. 2925.22
which states: "No person, by deception, shall procure the administration of, a prescription
for, or the dispensing of, a dangerous drug or shall possess an uncompleted preprinted
prescription blank used for writing a prescription for a dangerous drug." R.C. 2913.01(A)
defines "deception" as:
[K]nowingly deceiving another or causing another to be deceived by
any false or misleading representation, by withholding information, by
preventing another from acquiring information, or by any other conduct, act,
or omission that creates, confirms, or perpetuates a false impression in
another, including a false impression as to law, value, state of mind, or other
objective or subjective fact.
{¶8} Appellant argues there is nothing in the record to indicate he lied about
being in pain or requested any specific medication, or had previously sought pain
medication from the doctor or hospital in question. Appellant's Brief at 5. Appellant does
not contest the fact that he registered at the Emergency Room under his brother's name
or that he was not authorized to assume his brother's identity.
{¶9} On October 26, 2014, emergency room physician Dr. Paul Ritenour
encountered a patient by the name of "Rick Newcome." T. at 15-17. "Rick Newcome"
Richland County, Case No. 15CA48 4
was actually appellant, Jeffrey Newcome, and was the name of appellant's brother. T. at
17, 70, 85. Dr. Ritenour had met appellant on more than one occasion and believed he
was "seeing someone that didn't match the name that I was aware of." T. at 18.
Nonetheless, Dr. Ritenour began treatment of appellant by taking his symptoms. Id.
Appellant complained of chronic pain and insomnia. T. at 18-19. He asked for "narcotic
treatment for his pain." T. at 22. Dr. Ritenour ordered a shot of Dilaudid, a Schedule II
controlled substance. T. at 20.
{¶10} Suzanna Friend, a registrar in the registration department of the emergency
room, testified appellant presented himself as "Rick Newcome." T. at 49-51. He stated
he had never been to that emergency room before, and he did not have any identification
with him. T. at 51, 53, 57. He signed the consent form as "Jeffrey Newcome." T. at 52.
When confronted with the name change, appellant stated "Jeffrey" was his nickname. Id.
Ms. Friend checked the computer for a "Jeffrey Newcome" and "sure enough, there had
been a Jeffrey Newcome there before." Id. Ms. Friend went back to verify appellant's
information and he gave her a different birthdate and social security number. T. at 55-
56. Appellant wanted Ms. Friend to hurry up because he was in a lot of pain, he needed
something for his pain. T. at 58. Appellant "kept going on and on about he was just in so
much pain." Id. A nurse was getting ready to load a syringe with the pain medication
when Ms. Friend told the nurse to wait so she could discuss the confusion with Dr.
Ritenour. T. at 56-57.
{¶11} Dr. Ritenour and Ms. Friend became suspicious of appellant's true identity
and called the police. T. at 22, 53, 56. Once the police became involved, appellant was
Richland County, Case No. 15CA48 5
anxious to leave the emergency room and was very fidgety. T. at 23, 80. Appellant gave
the police his driver's license out of his wallet. T. at 79, 87.
{¶12} Upon review of the evidence presented, we find sufficient direct evidence
of purposeful deception by appellant in order to obtain pain medication under an assumed
name. There is sufficient credible evidence to support the jury's finding of guilty, and no
manifest miscarriage of justice.
{¶13} The sole assignment of error is denied.
{¶14} The judgment of the Court of Common Pleas of Richland County, Ohio is
hereby affirmed.
By Farmer, P.J.
Gwin, J. and
Delaney, J. concur.
SGF/sg 222