State v. Huber

Brogan, Judge.

{¶ 1} This case comes before us following our decision under App.R. 26(B) to reopen Joseph Huber’s direct appeal.

{¶ 2} In 2007, a jury found Huber guilty of possessing 26 fentanyl patches in violation of R.C. 2925.11(A). The jury also found that Huber possessed between five and 50 times the bulk amount of this drug. Because fentanyl is a schedule II controlled substance, see R.C. 3719.41, SCHEDULE II, (B)(9), Huber was guilty of aggravated drug possession under R.C. 2925.11(C)(1). And, because of the amount the jury found that he possessed, the offense was a second-degree felony…