State v. Patterson

I am in agreement that the General Assembly has within R. C. 2925.03(A) created two separate crimes: one, the knowing sale of a controlled substance; the other, the knowing offer to sell a controlled substance. In each of these criminal acts, as charged, there must be a sufficiency of proof offered by the state of all the elements of the crime, including that of intent to commit the act. Before a conviction for an offer to sell a controlled substance can be obtained, pursuant to R. C. 2925.03 (A), the state must present evidence to prove that at the time of the offer the defendant intended to…