State v. Eafford

{¶ 1} The state of Ohio appeals from a judgment of the Eighth District Court of Appeals vacating Donald Eafford’s felony sentence for possession of cocaine and holding that Eafford was convicted only of misdemeanor possession of drugs because the jury-verdict form did not state the degree of the offense or specify that Eafford had possessed cocaine.

{¶ 2} Unless a jury verdict states the degree of the offense of which the offender is found guilty or finds an additional element elevating the degree of the *160offense, the verdict constitutes a finding of guilty of the least degree of the offense…