State v. Ward

Marianna Brown Bettman, Judge.

The appellant, Lamont A. Ward, appeals from his conviction of aggravated trafficking in cocaine which, because the offense took place “on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises,” constitutes a second-degree felony, as opposed to a third-degree felony, pursuant to R.C. 2925.03(C)(1)(a) (hereinafter the “schoolyard statute”). Ward filed a motion to strike from the indictment as facially unconstitutional the schoolyard statutory language that he had “committed the offense on school premises, in a school…