Two defendants had their prison sentences reduced dramatically this week due to sloppy prosecutions and attentive appellate lawyers. At issue were the verdict forms. As Ohio Revised Code Section 2945.75(A)(2) clearly states, "A guilty verdict shall state either the degree of the offense of which the offender is found guilty, or that such additional element or elements are present. Otherwise, a guilty verdict constitutes a finding of guilty of the least degree of the offense charged."
In Gallia County, a defendant was sentenced to 10 years in prison because she possessed enough crack cocaine to make her conviction a first degree felony. But the verdict form only stated that the jury was finding her guilty of "possession of drugs" in violation of Section 2925.11(A). The least degree of that offense at the time was a third degree misdemeanor which carries a maximum of 60 days in jail. From 10 years to 60 days is not bad from the defendant's point of view and you can read the decision by the Fourth District Court of Appeals by clicking here.
In Summit County, a defendant had his prison sentence reduced from 10 years to (at most) 1 year due to a typo. The verdict form in that case - which was also a crack cocaine case - read that "we, the Jury, find the Defendant Guilty of the offense of POSSESSION OF CRACK COCAINE ... in the amount exceeding ten one hundred (100) grams." The problem is that it was supposed to read "one hundred grams" to support the conviction for the first degree felony. The Ninth District Court of Appeals decided the jury may have convicted the defendant of possessing less than one gram of crack cocaine as you can read by clicking here.
The lesson? For prosecutors it is to check the verdict forms and then re-check them a few times. And for defense lawyers on appeal it means the verdict forms should be checked and re-checked to see if this issue should be raised on appeal.
