State v. Kidd

In State v. Kidd, 168 Ohio App.3d 382, 2006 Ohio 4008, 860 N.E.2d 138, a lab report of which the defendant claimed to have been unaware at the time of his plea, his trial counsel having allegedly failed to inform him of it, reflected that the total drugs involved were less than the amount required for the offense to which he was pleading. Even though the Court agreed with the State that he might have been guilty of having offered to sell drugs in the larger amount, despite the fact that less than that amount was recovered, the Court agreed with the defendant that his claim was sufficiently plausible to merit an evidentiary hearing on his motion.