State v. Baker, 2013 Ohio 2398

Baker was convicted by bench trial in Warren County for multiple marijuana offenses and related charges, including a pattern of corrupt activity.
Police investigated Pagenstecher (then juvenile) for drug trafficking; Pagenstecher’s supplier was Lopez, who bought from the Lampes, who grew marijuana and purchased Baker’s product.
Warren County Drug Task Force surveilled Baker’s two grow houses and a warehouse, and executed warrants yielding thousands of grams of marijuana.
A recorded conversation between Cody Lampe and Baker was obtained; Baker followed to a warehouse where marijuana was grown.
The state alleged Warren County proper venue because Baker engaged in a pattern of corrupt activity there, but the trial court found venue lacking.
The appellate court ultimately held venue was improper in Warren County, reversed the convictions, and discharged Baker.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Warren County was proper venue for the pattern of corrupt activity	State argued Warren County had nexus via pattern	Baker argued no nexus; venue lacked elements	Venue not proven; acquittal vacated and convictions reversed
Whether the conviction for cultivating over 20,000 grams was moot	Moot after venue reversal	Not necessary to address if venue fails	Moot and thus not pursued
Whether the state proved an association-in-fact to support a pattern of corrupt activity	State claimed a single enterprise with shared purpose	No common enterprise; individuals acted independently	No enterprise; Warren County not proper venue; acquittal required

State v. Hampton, 134 Ohio St.3d 447 (2012-Ohio-5688) (venue fixed by Ohio Constitution; trial in proper county required)
State v. Headley, 6 Ohio St.3d 475 (1983) (venue determined by where offense occurred; elements tied to location)
State v. Meridy, 2005-Ohio-241 (13th Dist.) (venue relies on significant nexus; course of conduct)
State v. Stone, 12th Dist. No. CA2007-11-132, 2008-Ohio-5671 (2008) (test for significant nexus and venue under R.C. 2901.12(H))
Boyle v. United States, 556 U.S. 938 (1999) (enterprise structure not required to be formal; association-in-fact may suffice)
State v. Dodson, 2011-Ohio-6222 (12th Dist.) (adopted three-part Riccobene test in Ohio for pattern of corrupt activity)
State v. Baker, 12th Dist. CA2011-08-088, 2012-Ohio-887 (2012) (rejected Riccobene three-part test; continued district approach on pattern)
State v. Mielke, 2013-Ohio-1612 (12th Dist.) (venue-related considerations when enterprise tentacles extend to other counties)
State v. Koval, 12th Dist. No. CA2005-06-083, 2006-Ohio-5377 (2006) (venue proper where part of enterprise activities occurred in Warren County)
State v. Schlosser, 79 Ohio St.3d 329 (1997) (pattern of corrupt activity is a strict liability offense; requires enterprise structure)
Siferd, 2002-Ohio-6801 (3d Dist.) (association with conspirators may suffice for enterprise; voluntary connections noted)