State v. Gonzales

In State v. Gonzales (Gonzales I), the Supreme Court determined that, in prosecuting cocaine-possession offenses under Ohio Rev. Code 2925.11(C)(4)(b) through (f) involving mixed substances, the State must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold. The State filed a motion for reconsideration, arguing that Gonzalez I was based on inconsistent application of the principles of statutory construction. The Supreme Court granted the motion for reconsideration, vacated its decision in Gonzalez I, and held that the entire mixture or compound, including any fillers that are part of the usable drug, must be considered for the purpose of determining the appropriate penalty for cocaine possession under section 2925.11(C)(4). View "State v. Gonzales" on Justia Law