State v. Fleming

In State v. Fleming, Cuyahoga App. No. 88442, 2007 Ohio 3645, the Court held that "possession of and trafficking in the same type and quantity of a controlled substance are not allied offenses because when the statutory offenses are compared each requires proof of an additional fact that the other does not." Possession requires that appellant obtained, possessed, or used a controlled substance. Trafficking requires that appellant transported a controlled substance knowing that it was intended for sale. Id. "Thus, it is possible to possess cocaine without offering it for sale, and it is possible to sell or offer cocaine without having it in one's possession or control." Id.