State v. Anderson
2013 Ohio 295
Ohio Ct. App.2013Background
- Anderson was charged by indictment with possessing 1–5 grams of crack cocaine on March 22, 2011, a then fourth-degree felony.
- HB 86 reduced the offense to a fifth-degree felony with a 6–12 month range; the maximum term thus shortened.
- Anderson pled guilty and was sentenced on February 27, 2012 after HB 86’s effective date.
- The trial court convicted him under the new law and sentenced him to six months for a fifth-degree felony.
- State appeals, arguing Anderson should receive only the sentence reduction, not a degree reduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 1.58(B) requires degree reduction for pre-HB86 offenses when sentenced after HB86. | State: no degree reduction. | Anderson: entitled to degree and sentence reductions. | Yes; Anderson entitled to fifth-degree sentence and corresponding penalty reduction. |
Key Cases Cited
- State v. Arnold, 2012-Ohio-5786 (2d Dist. Montgomery No. 25044, 2012-Ohio-5786) (applies 1.58(B) to grant degree reduction when sentencing after HB 86)
- State v. Wilson, 2012-Ohio-5912 (2d Dist. Montgomery No. 25057, 2012-Ohio-5912) (confirms degree reduction under 1.58(B) for post-HB86 sentencing)