State v. Wilson, 2017 Ohio 7127

In May 2016, Willie L. Wilson purchased 21.270 grams of fentanyl in Pennsylvania intending to share it with acquaintances; he concealed it in the back of his pants.
Stopped in Ashtabula County for erratic driving, Wilson was first pat-searched; officers felt a lump and subsequently discovered an outstanding misdemeanor warrant, prompting a full search.
At the county jail, after multiple warnings that bringing drugs into the jail would create a separate offense, a strip search uncovered the fentanyl in Wilson’s underwear.
Indicted on aggravated possession (later dismissed) and illegal conveyance of drugs onto government facility grounds (R.C. 2921.36(A)) with a forfeiture specification; Wilson pleaded guilty to the conveyance count and the specification.
At sentencing the court noted Wilson’s extensive criminal history and referenced a prior unrelated incident in which contraband brought into the county jail resulted in three deaths; the court denied community control and imposed the statutory maximum of 36 months.
On appeal Wilson argued the court improperly considered an irrelevant prior incident and failed to give adequate weight to his acceptance into a treatment program and offer to cooperate; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 36-month maximum term is contrary to law or unsupported by the record	State: sentence within statutory range and properly based on R.C. 2929.11/2929.12 factors	Wilson: court relied on an irrelevant prior jail-smuggling incident and under-weighted his treatment acceptance and cooperation offer	Affirmed: sentence within statutory range; court considered statutory sentencing factors and record supports sentence

Marcum v. State, 59 N.E.3d 1231 (Ohio 2016) (explains appellate standard for reviewing felony sentences and when modification is permitted)