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STATE v. HUBER

No. 07-CA-122.

187 Ohio App.3d 697 (2010)

2010-Ohio-2919

The STATE of Ohio, Appellee, v. HUBER, Appellant.

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

Decided June 25, 2010.

Attorney(s) appearing for the Case

Stephen A. Schumaker, Clark County Prosecuting Attorney, and Amy M. Smith, Assistant Prosecuting Attorney, for appellee.

Anderson Law, L.L.C., and Bradley D. Anderson, for appellant.

BROGAN, Judge.

{¶ 1} This case comes before us following our decision under App.R. 26(B) to reopen Joseph Huber's direct appeal.

{¶ 2} In 2007, a jury found Huber guilty of possessing 26 fentanyl patches in violation of R.C. 2925.11(A). The jury also found that Huber possessed between five and 50 times the bulk amount of this drug. Because fentanyl is a schedule II controlled substance, see R.C. 3719.41, SCHEDULE II, (B...

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