Opinion
2005-2114.
December 28, 2005.
Marion App. No. 9-04-42, 163 Ohio App.3d 46, 2005-Ohio-4620.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' journal entry filed October 24, 2005:
"Does a criminal charge of intimidation in violation of R.C. 2921.04(B) require the state to prove that the defendant has made a threat to engage in unlawful conduct?"
PFEIFER, J., dissents.
The conflict cases are State v. Hoying, Greene App. No. 2004-CA-71, 2005-Ohio-1366, and State v. Lutz, Cuyahoga App. No. 80241, 2003-Ohio-275.
Sua sponte, cause consolidated with 2005-1965, State v. Cress, Marion App. No. 9-04-42, 163 Ohio App.3d 46, 2005-Ohio-4620.