State v. Gonzales
Annotate this CaseAfter a jury trial, Defendant was found guilty of possession of cocaine. The jury found that the amount of cocaine involved equaled or exceeded 100 grams. Defendant was sentenced to a mandatory term of eleven years pursuant to Ohio Rev. Code 2925.11(C)(4)(f) because the amount of cocaine was 100 grams or more. The appellate court reversed the judgment and vacated the mandatory prison sentence, holding (1) in prosecuting cocaine offenses under sections 2925.11(C)(4)(a) through (f), the state is required to prove that the weight of the actual cocaine possessed by the defendant met the statutory threshold; and (2) the state did not offer any evidence on whether the weight of the baggie’s contents in this case included ingredients other than cocaine, and therefore, the penalty enhancement under section 2925.11(C)(4)(f) must be vacated. The Supreme Court affirmed, holding that the state, in prosecuting cocaine offenses involving mixed substances under sections 2925.11(C)(4)[(b)] through (f), must prove that the weight of the cocaine meets the statutory threshold, excluding the weight of any filler materials used in the mixture.
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