Summary
In Davis, the defendant argued that his indictment was defective for failing to include the mens rea for his charged offense.
Summary of this case from State v. JonesOpinion
No. 2007-2424.
Submitted April 23, 2008.
Decided August 7, 2008.
APPEAL from the Court of Appeals for Cuyahoga County, No. 88895, 2007-Ohio-5843.
Robert L. Tobik, Cuyahoga County Public Defender, and Paul A. Kuzmins, Assistant Public Defender, for appellant.
{¶ 1} The discretionary appeal is accepted on Proposition of Law Nos. I and II.
{¶ 2} The judgment of the court of appeals is reversed as to the court of appeals' holding on appellant's fourth assignment of error below on the authority of State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624, 885 N.E.2d 917, and the cause is remanded to the trial court for further proceedings consistent with State v. Colon.
MOYER, C.J., and PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL, LANZINGER, and CUPP, JJ., concur.