Legal Opinion

State v. Gonzales (Slip Opinion)

Ohio Supreme Court

Decided March 6, 2017No. 2015-0384 and 2015-0385PublishedCited by 58 opinions

1Opinion of the CourtO’Connor, C.J.

{¶ 1} This matter is before us as a result of a motion for reconsideration filed by appellant, the state of Ohio.1 Appellee, Rafael Gonzales, filed a memorandum opposing reconsideration.2

{¶ 2} In State v. Gonzales, 150 Ohio St.3d 261, 2016-Ohio-8319, 81 N.E.3d 405 (“Gonzales /”), the court determined that in prosecuting cocaine-possession offenses under R.C. 2925.11(C)(4)(b) through (f) involving mixed substances, the state must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold.

{¶ 3} The state contends that Gonzales I was…

Also in this document: Concurring in part, dissenting in part.

2Cases cited5 opinions

  1. Kimbrough v. United StatesSupreme Court of the United States · 2007
  2. Provident Bank v. WoodOhio Supreme Court · 1973
  3. Cleveland Electric Illuminating Co. v. City of ClevelandOhio Supreme Court · 1988
  4. D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of HealthOhio Supreme Court · 2002
  5. State v. Gonzales (Slip Opinion)Ohio Supreme Court · 2016

3Cited by58 opinions

  1. State v. Braden (Slip Opinion)Ohio Supreme Court · 2019
  2. State v. ThorntonOhio Court of Appeals · 2017
  3. League of Women Voters of Ohio v. Ohio Redistricting Comm. (Slip Opinion)Ohio Supreme Court · 2022
  4. State v. PendletonOhio Court of Appeals · 2018
  5. State v. GrahamOhio Court of Appeals · 2017

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