STATE v. EAFFORD

No. 2011-0599.

132 Ohio St.3d 159 (2012)

2012-Ohio-2224

THE STATE OF OHIO, Appellant, v. EAFFORD, Appellee.

Supreme Court of Ohio.

Decided May 22, 2012.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and T. Allan Regas , Assistant Prosecuting Attorney, for appellant.

Robert L. Tobik , Cuyahoga County Public Defender, and David M. King and John T. Martin , Assistant Public Defenders, for appellee.

Ron O'Brien , Franklin County Prosecuting Attorney, and Laura R. Swisher , Assistant Prosecuting Attorney, urging reversal for amicus curiae, Franklin County Prosecuting Attorney.


O'DONNELL, J.

{¶ 1} The state of Ohio appeals from a judgment of the Eighth District Court of Appeals vacating Donald Eafford's felony sentence for possession of cocaine and holding that Eafford was convicted only of misdemeanor possession of drugs because the jury-verdict form did not state the degree of the offense or specify that Eafford had possessed cocaine.

{¶ 2} Unless a jury verdict states the degree...

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