STATE v. DEMREE

No. 2008CA00107.

2009 Ohio 430

State of Ohio, Plaintiff-Appellee, v. Michael Demree, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: February 2, 2009.


Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Stark County Ohio, Akron, OH 44309, By: Renee M. Watson, 110 Central Plaza South, Suite 510, Canton, OH 44702-1413, for Plaintiff-Appellee.

Jana L. Deloach, 125 North Arlington Street, P.O. Box 2385, for Defendant-Appellant.

Before: Hon. Sheila G. Farmer, P.J., Hon. W. Scott Gwin, J., Hon. Julie A. Edwards, J.


OPINION

FARMER, P.J.

{¶1} On December 17, 2007, the Stark County Grand Jury indicted appellant, Michael Demree, on two counts of possession of cocaine in violation of R.C. 2925.11. One count alleged crack cocaine and the other alleged powder cocaine.

{¶2} On March 19, 2008, appellant filed a motion to dismiss or amend the charge of possession of crack cocaine, arguing disparities in felony levels and potential...

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