State v. Massien

*205O’Connor, J.

{¶ 1} We are called upon solely to determine whether a nurse employed by a hospital who in the course of his or her employment steals drugs from his or her employer holds a “position of trust” within the meaning of R.C. 2929.13(B)(1)(d). An offender who occupies a “position of trust” within the meaning of R.C. 2929.13(B)(1)(d) and whose offense relates to that position is ineligible to be sentenced under R.C. 2929.13(B)(2)(b) and does not meet the requirements for intervention in lieu of conviction pursuant to R.C. 2951.041(B)(1).

{¶ 2} A person holding a “position of trust” for…