STATE v. HUBER

Appellate No. 07-CA-122.

2009 Ohio 1637

State of Ohio, Plaintiff-Appellee, v. Joseph W. Huber, Jr., Defendant-Appellant.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on April 3, 2009.


Attorney(s) appearing for the Case

Amy M. Smith, Atty. Reg. #0081712, Clark County Prosecutor's Office, 50 East Columbia Street, P.O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

Robert L. Mues, Atty. Reg. #0017749, and Shawn P. Hooks, Atty. Reg. #0079100, Holzfaster, Cecil, McKnight & Mues, 1105 Wilmington Avenue, Dayton, Ohio 45420, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} On March 7, 2006, Joseph W. Huber (Appellant) was as caught with a suitcase brimming with thousands of narcotic pain-reliever and analgesic tablets— methadone, hydrocodone, oxycodone, fentanyl patches, and acetaminophen with codeine. He was convicted on five counts of controlled substance possession in back-to-back trials (Huber I, No. 06-CR-509, and Huber II, No. 06-CR-674). The prosecutor's misidentification...

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