STATE v. POUNTNEY

No. 2016-1255.

152 Ohio St.3d 474 (2018)

2018-Ohio-22

THE STATE OF OHIO, APPELLANT, v. POUNTNEY, APPELLEE.

Supreme Court of Ohio.

Decided January 4, 2018.


Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Christopher D. Schroeder , Assistant Prosecuting Attorney, for appellant.

Mark A. Stanton , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, for appellee.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, and Hannah C. Wilson , Deputy Solicitor, urging reversal for amicus curiae, Ohio Attorney General Michael DeWine.


{¶ 1} In this appeal, we examine the statutory requirements for proving enhanced felony levels of aggravated possession of fentanyl based on the amount of the drug involved. Ohio defines these levels in terms of multiples of the "bulk amount," which for the fentanyl at issue in this case means "five times the maximum...

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