State v. Bilah

Citations

• 228 N.E.3d 684
• 2023 Ohio 4070

Syllabus

Trafficking drug possession ineffective assistance of counsel elements knowledge prejudice reasonable probability guilt fentanyl fentanyl-related compound snow melted liquid mixture relative weight sufficiency first-degree felony weight 20 grams insufficient. Vacated appellant's conviction and sentence for a count of drug possession as a felony of the first degree and remanded the matter to the trial court to enter a judgment of conviction for drug possession as a felony of the second degree and to sentence appellant accordingly on that count. There was insufficient evidence that the amount of fentanyl in question equaled or exceeded 20 grams when some of the fentanyl that was collected by police was mixed with snow that melted to form a liquid in the vials that were examined and the relative weight of the fentanyl in the vials was not determined. Appellant failed to demonstrate ineffective assistance of counsel. The trial court's judgment was otherwise affirmed.