[2941.14.10] 2941.1410.See syllabus paragraphs from State v. Foster (2006 Ohio Revised Code - 856) set forth in the "Case Notes and OAG" section below under "Constitutionality".
[§ 2941.14.10] § 2941.1410. Specification that offender is a major drug offender.
(A) Except as provided in
sections 2925.03 and
2925.11 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a major drug offender. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender is a major drug offender)."
(B) The court shall determine the issue of whether an offender is a major drug offender.
(C) As used in this section, "major drug offender" has the same meaning as in
section 2929.01 of the Revised Code.
HISTORY: 146 v S 269 (Eff 7-1-96); 148 v S 107. Eff 3-23-2000.
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