State v. Moore

Peter B. Abele, Judge.

{¶ 1} This is an appeal from a Gallia County Common Pleas Court judgment that overruled a motion for new trial. A jury found David D. Moore, appellant, guilty of drug possession in violation of R.C. 2925.11(A). Appellant assigns the following error for review:

*728The trial court erred by convicting Mr. Moore of possession of drugs as a felony of the third degree when the verdict form only supported a conviction for a misdemeanor of the third degree under R.C. 2945.75(A)(2) and State v. Pelfrey, 112 Ohio St.3d 422, 2007-Ohio-256[, 860 N.E.2d 735].

{¶ 2} On January 3, 2008,…