THE STATE OF OHIO, APPELLANT,
v.
GONZALES, APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted February 9, 2016.
Decided December 23, 2016.
Attorney(s) appearing for the Case
Paul A. Dobson, Wood County Prosecuting Attorney, and David T. Harold and Gwen K. Howe-Gebers, Assistant Prosecuting Attorneys, for appellant.
Mayle Ray & Mayle, L.L.C., Andrew R. Mayle, Jeremiah S. Ray, and Ronald J. Mayle, for appellee.
Michael DeWine, Attorney General, Eric E. Murphy, State Solicitor, Michael J. Hendershot, Chief Deputy Solicitor, and Hannah C. Wilson, Deputy Solicitor, urging reversal for amicus curiae Ohio Attorney General Michael DeWine.
Timothy J. McGinty, Cuyahoga County Prosecuting Attorney, and Daniel T. Van, Assistant Prosecuting Attorney, urging reversal for amici curiae Ohio Prosecuting Attorney's Association and Cuyahoga County Prosecutor's Office.
Timothy Young, Ohio Public Defender, and Carrie Wood, Assistant Public Defender, urging affirmance for amicus curiae Office of the Ohio Public Defender.
O'CONNOR, C.J., dissents, with an opinion joined by O'DONNELL and FRENCH, JJ.
LANZINGER, J.
{¶ 1} In this case, we are asked to resolve a conflict between the appellate districts presented by the following certified question: "Must the state, in prosecuting cocaine offenses involving mixed substances under R.C. 2925.11(C)(4)[(b)] through (f), prove that the weight of the cocaine meets the statutory threshold...
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