State v. Pendleton (Slip Opinion)

Citations

• 168 N.E.3d 458
• 163 Ohio St. 3d 114
• 2020 Ohio 6833

Syllabus

Criminal law—Double jeopardy—A sentencing court may not impose greater punishment than the legislature intended—Imposing two punishments for trafficking based on a single mixture of drugs containing both heroin and fentanyl violates double-jeopardy protections when the total weight of the heroin is calculated as the total weight of the mixture and the total weight of the fentanyl is calculated as the total weight of the mixture, i.e., the total weight of a mixture containing multiple drugs cannot be used to satisfy the individual-weight element of each drug for sentencing purposes.