State v. Babcock

Defendant appeals from his conviction in the Court of Common Pleas of Franklin County for the crime of aggravated trafficking in drugs.

Defendant was indicted for having sold an amount of a controlled substance (cocaine) equal to or exceeding three times the bulk amount, a first degree felony requiring, upon conviction, five years’ actual incarceration. “Bulk amount,” for purposes of this appeal, is an amount equal to or exceeding ten grams of a compound or mixture which contains any amount of cocaine.

Prior to trial, defendant sought an order dismissing the indictments arguing that the General…