State v. Rice

{¶ 20} I disagree with the majority’s determination that “abuse of discretion in denying a defendant’s R.C. 2951.041 motion without a hearing is harmless error.” “In enacting R.C. 2951.041, ‘the legislature made a determination that when chemical abuse is the cause or at least a precipitating factor in the commission of a crime, it may be more beneficial to the individual and the community as a whole to treat the cause rather than punish the crime.’ ” State v. Bach, Warren App. No. CA2005-05-057, 2006-Ohio-501, 2006 WL 279072, ¶ 4. While R.C. 2951.041 does not create a legal right to…