State v. Redic
2013 Ohio 1070
Ohio Ct. App.2013Background
- Redic was indicted for possession of cocaine (4th degree) while in possession of a firearm after a July 24, 2011 arrest in Dayton.
- Police obtained Redic's consent to search 5006 Northcrest Dr.; drugs, scales, razor blades, and a handgun were found.
- HB 86 reduced the offense from a 3rd-degree to a 4th-degree felony, potentially making Redic eligible for Intervention in Lieu of Conviction (ILC).
- Redic moved for ILC on January 5, 2012, arguing eligibility under HB 86 and that alcoholism/drug usage contributed to the offense.
- The trial court denied ILC, finding that aggravating factors in R.C. 2929.13(B)(2)(a)-(i), specifically possession of a firearm, rendered her ineligible.
- Redic appealed the denial; the appellate court upheld the trial court’s finding and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does R.C. 2929.13(B)(2) bar ILC eligibility as a matter of law? | Redic contends the aggravating factors do not automatically bar ILC eligibility. | State argues aggravating factors negate eligibility and trigger ineligibility. | Yes; aggravating factor (possession of a firearm) barred ILC eligibility. |
Key Cases Cited
- State v. Massien, 125 Ohio St.3d 204 (2010) (aggravating factors defeat CCS presumption and ILC eligibility)
- State v. Shoaf, 140 Ohio App.3d 75 (2000) (ILC not limited to drug offenses)