Opinion
No. 89-1814
Submitted May 29, 1990 —
Decided July 25, 1990.
Statutory construction — R.C. 2903.04 is a general provision while R.C. 2903.06 and 2903.07 are special provisions — Determining prosecutor's ability to charge on general and special provisions under R.C. 1.51 — Where general and special provisions may be applied coextensively, prosecution may charge and try on both but defendant may be sentenced upon conviction for only one of the offenses.
APPEAL from the Court of Appeals for Clermont County, No. CA89-04-027.
Donald W. White, prosecuting attorney, and Timothy E. Schneider, for appellant.
W. Stephen Haynes, for appellee.
This case is reversed and remanded on authority of State v. Chippendale (1990), 52 Ohio St.3d 118, 556 N.E.2d 1134.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT and RESNICK, JJ., concur.
H. BROWN, J., dissents.