2013 Ohio 5889
Ohio Ct. App.2013Background
- Kathy Jones was charged with one count under R.C. 2921.36(A)(2) for placing Suboxone tablets into underwear intended for delivery to an inmate in the Adams County Jail. The charge is a third-degree felony under R.C. 2921.36(G)(2).
- Jones pleaded not guilty; a jury convicted her and the trial court sentenced her to two years’ imprisonment.
- Jones did not object to the jury verdict form at trial, but appealed, arguing the verdict form failed to comply with R.C. 2945.75(A)(2).
- The contested verdict form identified the offense as “Illegal conveyance of weapons or prohibited items onto the grounds of a detention facility or institution in violation of R.C. section 2921.36(A)(2)” but did not state the degree of the offense or any aggravating element.
- Jones argued that, under R.C. 2945.75(A)(2) and State v. Pelfrey, a verdict that omits the degree or aggravating element requires conviction of the least degree of the offense (here, a second-degree misdemeanor).
- The state argued R.C. 2945.75(A)(2)/Pelfrey do not apply because R.C. 2921.36(A)(2) by its terms is a standalone offense that necessarily carries a third-degree felony classification under subsection (G)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury verdict form’s failure to state degree or aggravating element required conviction of the least degree under R.C. 2945.75(A)(2) and Pelfrey | The verdict form omitted the degree/aggravating element, so under R.C. 2945.75(A)(2) and Pelfrey Jones can only be convicted of the least degree (misdemeanor) | The statute’s subsections stand alone; (A)(2) necessarily carries a third-degree felony penalty under (G)(2), so no aggravating element is required and Pelfrey does not apply | The court held R.C. 2945.75(A)(2)/Pelfrey are inapplicable because (A)(2) plus (G)(2) define a single, standalone third-degree felony; conviction affirmed |
Key Cases Cited
- State v. Pelfrey, 112 Ohio St.3d 422 (Pelfrey requires verdict forms to state degree or aggravating element when additional elements elevate offense)
- State v. Sessler, 119 Ohio St.3d 9 (discussion of Pelfrey’s application to statutes with multiple degrees or aggravating elements)
- State v. Kepiro, 119 Ohio St.3d 1408 (resolves conflict about Pelfrey’s applicability to multi-part statutes; distinguishes statutes where subsections create standalone offenses)