State v. Rice
2017 Ohio 1504
| Ohio Ct. App. | 2017Background
- Vickey L. Rice was indicted for two counts of aggravated trafficking (methamphetamine), two counts of aggravated possession (methamphetamine and hydrocodone), and one count of possession (zolpidem).
- All controlled substances were alleged to have been possessed on December 8, 2015.
- On October 4, 2016, Rice pled guilty to the charges.
- The trial court sentenced Rice to consecutive terms: 30 months (aggravated possession — methamphetamine), 9 months (aggravated possession — hydrocodone), and 9 months (possession — zolpidem), plus two 15‑month trafficking terms, for a total of 78 months.
- Rice appealed, arguing the three possession convictions should have merged under Ohio’s allied‑offenses statute, R.C. 2941.25.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether three contemporaneous drug‑possession convictions (different drugs) are allied offenses under R.C. 2941.25 | State: different drugs and statutory scheme justify separate convictions and sentences | Rice: single conduct (possession on one date) should merge under allied‑offense rule | The court affirmed: convictions for possession of different controlled substances do not merge; offenses are of dissimilar import |
Key Cases Cited
- State v. Ruff, 34 N.E.3d 892 (Ohio 2015) (sets test for allied offenses—evaluate conduct, animus, and import; dissimilar import exists when offenses involve separate victims or harms)