State v. Lageson, 031819 OHCA12, CA2018-05-054

Docket Nº:CA2018-05-054
Opinion Judge:RINGLAND, J.
Party Name:STATE OF OHIO, Appellant, v. ROBERT DAVID LAGESON, Appellee.
Attorney:David P. Fornshell, Warren County Prosecuting Attorney, Kirsten A. Brandt, 520 Justice Drive, Lebanon, Ohio 45036, for appellant. Kim Bui, 8080 Beckett Center Drive, Suite 112, West Chester, Ohio 45069, for appellee.
Judge Panel:HENDRICKSON, P.J., and M POWELL, J., concur.
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-919

STATE OF OHIO, Appellant,

v.

ROBERT DAVID LAGESON, Appellee.

No. CA2018-05-054

Court of Appeals of Ohio, Twelfth District, Warren

March 18, 2019

Criminal Appeal From Warren County Case No. 17CR33652 Court of Common Pleas.

David P. Fornshell, Warren County Prosecuting Attorney, Kirsten A. Brandt, 520 Justice Drive, Lebanon, Ohio 45036, for appellant.

Kim Bui, 8080 Beckett Center Drive, Suite 112, West Chester, Ohio 45069, for appellee.

OPINION

RINGLAND, J.

{¶ 1} The state of Ohio appeals the decision of the Warren County Court of Common Pleas, which granted Robert Lageson's motion for intervention in lieu of conviction. For the reasons described below, this court reverses the trial court's decision and remands the case for sentencing on Lageson's felony conviction.

{¶ 2} In January 2017, Lageson was the driver of a vehicle in which an illegal drug transaction took place between Lageson's passenger and an undercover police officer. Lageson drove the passenger to a prearranged location where the sale would take place. The passenger then sold heroin to the officer. The facts would tend to indicate that Lageson was aware that a drug transaction was taking place in the vehicle.

{¶ 3} In November 2017, a Warren County grand jury indicted Lageson with count one, trafficking in heroin, a violation of R.C. 2925.03(A)(1) and a fourth-degree felony, count two, aggravated trafficking in drugs (fentanyl), a violation of R.C. 2925.03(A)(1), also a fourth-degree felony, and count three, permitting drug abuse, a violation of R.C. 2925.13(A), and a fifth-degree felony.

{¶ 4} The matter proceeded to a jury trial in February 2018. The jury rendered a verdict of not guilty on both drug trafficking counts and a verdict of guilty on permitting drug abuse.

{¶ 5} Immediately after the verdicts, Lageson moved for intervention in lieu of conviction ("ILC"). In support of his motion, Lageson argued that had the state only charged him with permitting drug abuse, he would have qualified for ILC, and he should therefore be allowed to enter into an intervention plan.1

{¶ 6} Several days later, the court entered judgment in favor of the state as to count three of the indictment and discharged Lageson from counts one and two. The court ordered a presentence-investigative report and set a sentencing date.

{¶ 7} However, in April 2018, and before sentencing occurred, the court held a hearing on Lageson's ILC motion. During the hearing, the court indicated that counsel and the court had held an in chambers discussion concerning whether Lageson qualified for ILC. The court then stated that it had considered the arguments of both sides and determined that Lageson qualified for ILC and would grant him ILC. The state objected. In a subsequent entry granting ILC, the court stated that it had accepted Lageson's plea of guilty and waiver of rights to a speedy...

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