State v. Gatewood, 2012 Ohio 4181

Gatewood charged in 2006 with Possession of Crack Cocaine (>5g,<10g) and multiple firearm-related counts; after trials, convicted on three counts with firearm specs and sentenced to 12 years, but this was reversed on appeal.
Upon remand, Gatewood was re-indicted on previously dismissed counts, convicted on all counts, and sentenced to a total of 22½ years, with multiple terms and no merger of firearm specs.
Gatewood again appealed; appellate court reversed certain convictions and remanded for re-sentencing.
In 2012, Gatewood was re-sentenced on remand to a total eight-year term (three years for crack cocaine with one-year spec, three years for fleeing/eluding with one-year spec, one year for concealed weapon; carry-concealed weapon concurrent).
Gatewood argued that 2011 H 86 and 1.58(B) required sentencing for Possession of Cocaine as a fourth-degree felony; the State agreed error; the court agreed the 2011 amendments apply and that the third-degree sentence was improper.
The court reversed Gatewood’s three-year Possession of Crack Cocaine sentence and remanded for re-sentencing under the new fourth-degree framework.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 2011 H 86 and 1.58(B) require a fourth-degree sentence for Possession of Cocaine.	Gatewood (State) argues amendments apply and reduce the offense.	Gatewood contends the prior conviction structure remains and should limit to third-degree.	Yes; error; remanded for fourth-degree sentencing.

State v. Kaplowitz, 100 Ohio St.3d 205 (Ohio 2003) (1.58(B) does not apply if it would alter the nature of the offense)