Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and Daniel T. Van , Assistant Prosecuting Attorney, urging reversal for amici curiae Ohio Prosecuting Attorney's Association and Cuyahoga County Prosecutor's Office.
Timothy Young , Ohio Public Defender, and Carrie Wood , Assistant Public Defender, urging affirmance for amicus curiae Office of the Ohio Public Defender.
O'CONNOR, C.J., dissents, with an opinion joined by O'DONNELL and FRENCH, JJ.
LANZINGER, J.
{¶ 1} In this case, we are asked to resolve a conflict between the appellate districts presented by the following certified question: "Must the state, in prosecuting cocaine offenses involving mixed substances under R.C. 2925.11(C)(4)[(b)] through (f), prove that the weight of the cocaine meets the statutory threshold...
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