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STATE v. BENTON

Appeal No. C-110786.

2012 Ohio 5851

STATE OF OHIO, Plaintiff-Appellee, v. EMMANUEL BENTON, Defendant-Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

December 12, 2012.

Attorney(s) appearing for the Case

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Scott M. Heenan , Assistant Prosecuting Attorney, for Plaintiff-Appellee.

Bryan R. Perkins , for Defendant-Appellant.

OPINION

FISCHER, Judge.

{¶ 1} Defendant-appellant Emmanuel Benton appeals the judgment of the Hamilton County Court of Common Pleas sentencing him to 18 months in the department of corrections for possession of cocaine, a fourth-degree felony. Because we determine that the trial court erred in sentencing Benton under 2011 Am.Sub.H.B. No. 86 ("H.B. 86") and the amended version of R.C. 2925.11, we reverse.

{¶ 2}...

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