State v. Yslas

In State v. Yslas, 173 Ohio App.3d 396, 2007 Ohio 5646, 878 N.E.2d 712, the defendant was indicted for possession of crack cocaine in an amount exceeding five grams but less than 25 grams. Id. at P5. The evidence presented at trial demonstrated that the drug he had actually possessed was powder cocaine. Id. at P13. The court first properly noted that "powder cocaine and crack cocaine are different controlled substances." Id., citing R.C. 2925.01(X) and (GG). But the court went on to note that "the distinction is important because the type of cocaine or controlled substance possessed, in conjunction with its amount, determines the degree of the offense and thus the potential penalties." Id., citing R.C. 2925.11(C)(4).