Case No. 2011-0599 State of Ohio v. Donald Eafford

 

Date

01-17-2012

Duration

00:45:46

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When Jury Verdict Form Does Not Identify Drug Possessed by Defendant, Is Court Limited to Misdemeanor Sentence?

Or May Court Reference Indictment, Other Parts of Record to Determine Level of Offense?

State of Ohio v. Donald Eafford, Case no. 2011-0599
8th District Court of Appeals (Cuyahoga County)

ISSUE: When the verdict form returned by a jury finds a defendant guilty of drug possession but does not identify the drug he possessed, must the trial court sentence the defendant based on the least serious level of that offense, or may the court rely on information in the indictment, jury instructions and other parts of the trial record to establish what drug the defendant possessed, and sentence him accordingly?
 
 
TimeTitle
00:00:13T. Allen Regas for the State and Cuyahoga County Prosecutor's Office
00:14:16David M. King for Donald Eafford
00:27:55John T. Martin for Donald Eafford
00:39:36Summation: T. Allen Regas for the State and Cuyahoga County Prosecutor's Office