Opinion
No. 74-992
Decided December 3, 1975.
Criminal law — Resisting and obstructing police officer — Conviction affirmed, when.
APPEAL from the Court of Appeals for Franklin County.
On December 3, 1973, appellant was convicted in the Franklin County Municipal Court for disorderly conduct, in violation of Section 2327.01 of the Columbus Code of Ordinances, and for resisting and obstructing a police officer, in violation of Section 2355.02 of the Columbus Code. The Court of Appeals affirmed the judgment, and this court allowed appellant's motion to certify the record.
On March 12, 1975, the parties filed a joint motion for issuance of judgment, requesting that this court reverse the judgments of the trial court and the Court of Appeals, and order the defendant discharged. On June 27, 1975, the motion was allowed as to appellant's conviction for disorderly conduct, but overruled as to appellant's conviction for resisting and obstructing a police officer. Appellant's appeal from the latter conviction is now before the court.
Mr. James J. Hughes, Jr., city attorney, Mr. Daniel W. Johnson, Mr. Earl G. Cox and Mrs. Phyllis Kunkler, for appellee.
Mr. Robert P. App, for appellant.
Appellant's conviction for resisting and obstructing a police officer, in violation of Section 2355.02 of the Columbus Code, is affirmed on authority of paragraph three of the syllabus in Columbus v. Fraley (1975), 41 Ohio St.2d 173, certiorari denied, ___ U.S. ___ , 44 L. 3205.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.