State v. Lee

{¶ 1} Appellant, Kysean Cordell Lee, appeals his sentence, following his guilty plea, to possession of heroin and aggravated possession of drugs (fentanyl). At issue is whether the trial court erred in not merging these offenses for purposes of sentencing. For the reasons that follow, we reverse and remand.

{¶ 2} On or about May 16, 2016, appellant was found to be in possession of a plastic bag containing a powdery-solid material with a total weight of .566 gram, which tested positive for both heroin and fentanyl.

{¶ 3} On November 9, 2016, appellant was indicted in a three-count indictment…