State v. Pribble, 2017 Ohio 8499

On Feb. 7, 2016, police stopped a vehicle after a pharmacy alert indicated a known methamphetamine contact purchased Sudafedrin; appellant Darian Pribble had an outstanding warrant.
Search incident to arrest uncovered methamphetamine residue on spoons, small baggies, ties, a pouch with white crystal residue, a severed lithium battery, and Kroger Sudafedrin.
Grand jury indicted Pribble for illegal assembly/possession of chemicals to manufacture methamphetamine in violation of R.C. 2925.041(A) (third-degree felony).
Jury convicted Pribble; trial court imposed a mandatory 5-year prison term under R.C. 2925.041(C)(1).
On appeal Pribble argued the maximum term should be 36 months under R.C. 2929.14(A)(3)(b) and relied on State v. Clark and the rule of lenity.
The Fourth District reversed in part, concluding the 5-year mandatory term was contrary to law and remanded for resentencing under R.C. 2929.14(A)(3)(b).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether R.C. 2925.041(C)(1)'s 5-year mandatory term controls or R.C. 2929.14(A)(3)(b)'s 36-month cap applies to a third-degree illegal-assembly drug offense	State maintained R.C. 2925.041(C)(1) (which prescribes a mandatory 5-year term when prior qualifying drug felonies exist) authorized the sentence imposed	Pribble argued R.C. 2929.14(A)(3)(b) limits non-listed third-degree felonies to a 36-month maximum and, under the rule of lenity/conflicting statutes, the lesser penalty applies per Clark/Young	Court held the 5-year mandatory sentence was contrary to law; applied the rule of lenity and Clark precedent and remanded for resentencing consistent with R.C. 2929.14(A)(3)(b).

State v. Young, 31 N.E.3d 178 (Ohio 2015) (applied rule of lenity where R.C. 2925.041 and R.C. 2929.14 conflict and construed sentencing statutes in favor of defendant)
State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (interpreting R.C. 2953.08(G)(2) appellate-review standard for felony sentences)
State v. Owen, 995 N.E.2d 911 (Ohio Ct. App. 2013) (emphasized H.B. 86 sentencing purpose: use minimum sanctions necessary)
State v. Brewer, 11 N.E.3d 317 (Ohio 2014) (applied R.C. 2953.08(G)(2) standard on review of felony sentences)
State v. Harp, 68 N.E.3d 366 (Ohio Ct. App. 2016) (reaffirmed Young and applied rule of lenity where statutes conflict)