State v. Sanchez
2016 Ohio 542
| Ohio Ct. App. | 2016Background
- DEA arranged CI purchases from Sanchez in 2008 (July 1: crack and powder cocaine; August 14: crack cocaine).
- Indictment filed July 18, 2012 charging Counts 2–4 for trafficking cocaine; Count 1 abandoned.
- Jury trial Feb 4–7, 2014; Sanchez convicted on all counts; sentenced Mar 31, 2014 to concurrent terms (8, 12, 36 months).
- Statutory framework in 2008 distinguished crack vs powder cocaine; HB 86 later eliminated distinction; post-HB 86 standards apply retroactively for interpretation here.
- Appellant raises four assignments of error including multiple conviction/actions from same transaction, weight standards, substance-type distinctions, and ineffective assistance regarding hearsay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether July 1, 2008 sale of crack and powder cocaine constituted one or two offenses | Sanchez argues two counts arose from same transaction | Sanchez argues no basis for two offenses due to unified substance | First assignment well-taken; counts should reflect one offense for that transaction |
| Whether enhanced felony level should be based on gross or actual weight | Sanchez contends post-HB 86 actual weight governs | State argued gross weight controls for felony level | Second assignment well-taken; use actual weight for offense levels |
| Whether the continued crack/powder distinction affects conviction/sentence | Sanchez argues the distinction is eliminated and affects Counts 2–4 | State maintains prior framework applies to 2008 offenses | Third assignment well-taken; actual weight yields lower offenses; count adjustments warranted |
| Whether defense counsel was ineffective for failing to object to hearsay lab testimony | Counsel should have objected to lab weight/purity data as hearsay | Laboratory reports fall under R.C. 2925.51 exceptions; notice given | Fourth assignment not well-taken |
Key Cases Cited
- State v. Heflin, 2012-Ohio-3988 (6th Dist. Lucas 2012) (multiple offenses from simultaneous possession of different drugs allowed prior to Limoli)
- State v. Limoli, 2014-Ohio-3072 (Ohio Supreme Court 2014) (eliminates crack/powder distinction for sentencing)
- State v. Gonzalez, 2015-Ohio-2747 (Ohio Supreme Court 2015) (post-HB 86 weight-based sentencing guidance)
- State v. Leach, 2002-Ohio-6654 (Ohio App.3d 2002) (plain-error standard applicability in sentencing)