State v. Bernath

Defendant-appellee was indicted in the Court of Common Pleas of Fulton County for one count of aggravated trafficking in drugs, contrary to and in violation of R.C. 2925.03(A)(3), to wit, cultivation of marijuana. The defendant-appellee, Gary Bernath, rented and farmed land in Fulton County. On one portion of his rented farm he had a marijuana patch approximately two hundred fifty feet by eight feet, which patch was approximately three hundred feet from defendant-appellee’s home. The marijuana patch was surrounded by corn on three sides and the fourth side was shielded by a wooded area. The…