STATE v. HUBER

Appellate No. 2010-CA-83.

2011 Ohio 6175

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

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

Rendered on December 2, 2011.


Attorney(s) appearing for the Case

ANDREW R. PICEK , Atty. Reg. #0082121, Clark County Prosecutor's Office, 50 East Columbia Street, 4th Floor, Post Office Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

WILLIAM O. CASS, JR. , Atty. Reg. #0035417, 135 West Dorothy Lane, Suite 209, Dayton, Ohio 45429, Attorney for Defendant-Appellant.


OPINION

HALL, J.

{¶ 1} Joseph Huber was caught with a suitcase brimming with pharmaceutical drugs-methadone, hydrocodone, oxycodone, fentanyl, and acetaminophen with codeine. He was indicted on five counts of aggravated possession of drugs-one count for each drug-but, before trial, the state dismissed the fentanyl-possession count because the indictment misidentified the drug. A jury found Huber guilty on the four remaining counts. A month...

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