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State v. Davis

Citations

  • 2024 Ohio 132

Syllabus

Sufficiency of the Evidence Merger Revival of Guilty Verdict. Evidence was not sufficient to support a conviction for trafficking in a fentanyl-related compound when there was no evidence that the defendant intended to sell the drugs or knew they were transported for the purpose of sale. Since the trafficking charge was the selected verdict when the possession verdict was merged for the purpose of sentencing, it fails. This failure on appeal revives the possession verdict, which is supported by the evidence. The matter is remanded for the purpose of sentencing on the possession guilty verdict.

Judges: Willamowski

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Cites

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