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Drug offender's sentence cut due to typo
July 10, 2009
Topic: Criminal
Calvin Wells, a repeat drug offender, was convicted of possessing more than 100 grams of crack cocaine and sentenced to ten years in prison. While serving his sentence, Wells reviewed the records of the case and found a typo on the verdict form:
"We, the Jury, find the Defendant Guilty of the offense of POSSESSION OF CRACK COCAINE.
We, the jury, further find that the amount of crack cocaine WAS in the amount exceeding ten one hundred (100) grams as charged in the indictment."
In Ohio, in order to convict a person of a higher felony, the jury must indicate the circumstances that make it a higher felony on the verdict form. In Wells' case the typo made the form unclear.
After contacting several attorneys who refused to help him, Wells finally retained an appellate attorney to handle his case. The Ohio Court of Appeals determined that the extra word in the verdict form made the jury's findings ambiguous. They could have been convicting Wells of possession of more than 100 grams or less than 1 gram. Under the circumstances, the three-judge panel could not accept the possibility that Wells was serving a ten-year sentence after having only been convicted of a fifth-degree felony, which carries a maximum sentence of 1 year.
Wells had already served four years of his sentence and would have been released. However, he was wanted in another jurisdiction. The state of New Jersey is now seeking extradition.
