State v. Lageson, 2019 Ohio 919

In Jan 2017 Lageson drove a vehicle in which his passenger sold heroin to an undercover officer; evidence suggested Lageson knew a drug transaction was occurring.
A grand jury indicted Lageson on: two fourth-degree trafficking counts (heroin and fentanyl) and one fifth-degree count of permitting drug abuse.
After a jury trial Lageson was acquitted on the two trafficking counts and found guilty of permitting drug abuse.
Immediately post-verdict Lageson moved for intervention in lieu of conviction (ILC); the trial court later held an ILC hearing, found him eligible, and entered an order granting ILC and an intervention plan.
The state appealed, arguing the trial court lacked statutory authority to grant ILC after a jury conviction; the court of appeals reversed and remanded for sentencing on the permitting-drug-abuse conviction.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Lageson)	Held
Whether the trial court had authority to grant ILC after a jury verdict and judgment of guilt	Statute requires a defendant to request ILC and plead guilty prior to entry of a guilty plea; once convicted at trial, a defendant cannot plead guilty and thus cannot seek ILC	Lageson: trafficking charges prevented pretrial ILC; he would have sought ILC earlier if able and should not be barred because he was acquitted of trafficking; allowing ILC post-trial is necessary to avoid discouraging ILC by overcharging	Court reversed: ILC cannot be granted after a jury conviction because the statute contemplates ILC before a guilty plea/trial and requires plea/waiver prerequisites that cannot be satisfied post-conviction

State v. Morgan, 153 Ohio St.3d 196, 2017-Ohio-7565 (Ohio 2017) (statutory interpretation focuses on legislative intent and text)