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STATE v. ARNOLD

Nos. 90-296 and 90-306.

61 Ohio St.3d 175 (1991)

THE STATE OF OHIO, APPELLEE, v. ARNOLD, APPELLANT. THE STATE OF OHIO, APPELLEE, v. DICKEY, APPELLANT.

Supreme Court of Ohio.

Decided July 24, 1991.

Attorney(s) appearing for the Case

Anthony G. Pizza, prosecuting attorney, and Lawrence J. Kiroff, for appellee state of Ohio in case No. 90-296.

Lynn C. Slaby, prosecuting attorney, Philip D. Bogdanoff and Maureen C. Hardy, for appellee state of Ohio in case No. 90-306.

Gordon A. Senerius, for appellant Arnold in case No. 90-296.

Cook, Davis & Briggs Co., L.P.A., Lawrence J. Cook and Marcus M. Lombardi, for appellant Dickey in case No. 90-306.

HERBERT R. BROWN, J.

For the reasons which follow, we hold that the provisions of R.C. 2925.03(C), which require a sentence of actual incarceration for trafficking in drugs, do not supersede the felony sentencing provisions of R.C. 2929.11. We affirm the judgments of the courts below.

R.C. 2929.11(B), a part of the general felony sentencing statute, lists the penalties to be imposed for each class of felony, "[e]xcept as provided in * * * Chapter 2925. of...

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