State v. Alexander
2017 Ohio 8828
| Ohio Ct. App. | 2017Background
- Adam Alexander pleaded guilty to one count of fifth-degree felony trafficking in marijuana (Bill of Information) arising from events June 3–8, 2016.
- Alleged conduct: pickup of a bulk marijuana shipment at Dawes Arboretum, handing it off for sale, and association with an organized trafficking operation; another participant signed over a 2005 Audi to Alexander when the investigation began.
- During a traffic stop on June 8, 2016, officers smelled marijuana shake; a consensual search yielded a crumpled paper "O list," and a subsequent vehicle search located $2,461 in cash; Alexander admitted the list and that the cash was from selling marijuana.
- Alexander filed a motion for Intervention In Lieu of Conviction (ILC); the trial court denied the motion (on the record the court said granting ILC would "demean the seriousness" of the offense and described the conduct as organized criminal activity).
- The trial court sentenced Alexander to three years of community control. Alexander appealed, arguing the court abused its discretion by imposing a more stringent condition than R.C. 2951.041 allows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Alexander's motion for Intervention In Lieu of Conviction (ILC). | The State urged that denial was proper because the court could find ILC would demean the seriousness of the offense given evidence of organized, bulk trafficking. | Alexander argued the court applied a more stringent requirement than R.C. 2951.041 and therefore abused its discretion in denying ILC. | Court affirmed: no abuse of discretion. Trial court reasonably found ILC would demean the seriousness of the offense based on facts indicating organized bulk trafficking. |
Key Cases Cited
- Massien v. State, 125 Ohio St.3d 204 (ILC focuses on treating chemical-abuse causes rather than punishing crime)
- Shoaf v. State, 140 Ohio App.3d 75 (statutory purpose of ILC discussed)
- Schmidt v. State, 149 Ohio App.3d 89 (granting ILC is within trial court's discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion standard defined)