Opinion
NO. 2015-0384
07-08-2015
MOTION AND PROCEDURAL RULING
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page two of the court of appeal's decision and judgment filed February 6, 2015:
"Must the state, in prosecuting cocaine offenses involving mixed substances under R.C. 2925.11(C)(4)(a) through (f), prove that the weight of the cocaine meets the statutory threshold, excluding the weight of any filler materials used in the mixture?"
The conflict case is State v. Smith, 2d Dist. Greene No. 2010-CA-36, 2011-Ohio-2658.