State v. Snyder

2013 Ohio 5570

Opinion

[Cite as State v. Snyder, 2013-Ohio-5570.]

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO JUDGES: Hon. William B. Hoffman, P.J. Plaintiff-Appellee Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J. -vs- Case No. 13CA16 ELIZABETH SNYDER

Defendant-Appellant OPINION

CHARACTER OF PROCEEDING: Appeal from the Knox County Court of Common Pleas, Case No. 12CR08-0119

JUDGMENT: Reversed and Vacated

DATE OF JUDGMENT ENTRY: December 16, 2013

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

JOHN C. THATCHER JOHN A. DANKOVICH Knox County Prosecutor Knox County Public Defender JOSEPH D. SAKS One Public Square Assistant Prosecuting Attorney Mount Vernon, Ohio 43050 Knox County Prosecutor’s Office 117 East High Street, Suite 234 Mount Vernon, Ohio 43050 Knox County, Case No. 13CA16 2

Hoffman, P.J.

{¶1} Defendant-appellant Elizabeth Snyder appeals her conviction on one

count of Attempted Corrupting Another with Drugs, in violation of R.C. 2923.02(A) and

R.C. 2925.02(A)(3), following her plea of no contest. The state of Ohio is Appellee.

{¶2} Appellant is the birth mother of L.S. L.S. was born live and tested positive

for opiates. Appellant admitted to using opiates while pregnant.1 The sole issue

presented herein is whether L.S. is “another” for purposes of the charged offense.

{¶3} This court recently addressed this exact issue in State v. Bales, 5th Dist.

No. 13CA5, 2013-Ohio-4957. Upon review, we adhere to the rationale expressed in

Bales and sustain Appellant’s sole assignment of error (albeit not on the authority of

State v. Gray).

{¶4} The judgment of the Knox County Court of Common Pleas is reversed and

Appellant’s conviction is vacated.

By: Hoffman, P.J.

Delaney, J. and

Baldwin, J. concur ___________________________________ HON. WILLIAM B. HOFFMAN

___________________________________ HON. PATRICIA A. DELANEY

___________________________________ HON. CRAIG R. BALDWIN

1 A fuller rendition of the facts is unnecessary for our resolution of this appeal. Knox County, Case No. 13CA16 3

IN THE COURT OF APPEALS FOR KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO : : Plaintiff-Appellee : : -vs- : JUDGMENT ENTRY : ELIZABETH SNYDER : : Defendant-Appellant : Case No. 13CA16

For the reason stated in our accompanying Opinion, the judgment of the Knox

County Court of Common Pleas is reversed and Appellant’s conviction is vacated.

Costs waived.

___________________________________ HON. WILLIAM B. HOFFMAN