State v. Pribble
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The Supreme Court reversed the judgment of the court of appeals concluding that two sentencing statutes - Ohio Rev. Code 2925.041(C)(1) and 2929.14(A)(3)(b) - are in conflict and applying the rule of lenity to determine that Ohio Rev. Code 2929.14(A)(3)(b) and its lesser maximum penalty applies to violations of section 2925.041(A) when the drug in question is methamphetamine and the defendant has committed certain prior offenses, holding that section 2925.041(C)(1) applied to the defendant in this case.
Defendant was convicted of one count of illegal assembly or possession of chemicals for the manufacture of methamphetamine, in violation of 2925.041(A). The trial court determined that section 2925.041(C)(1) applied and sentenced Defendant to a five-year prison term. The court of appeals reversed Defendant's sentence, holding that section 2929.14(A)(3)(b), the less punitive sentencing statute, applied. The Supreme Court reversed, holding that when a defendant is charged with a violation of section 2925.041(A) when the drug in question is methamphetamine and the defendant has committed certain prior offenses, the mandatory five-year sentence prescribed by section 2925.041(C)(1) is a special provision that prevails as an exception to the general statute, section 2929.14(A)(3)(b).
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