Opinion
No. 2008-2172.
January 28, 2009.
Marion App. No. 9-08-11, 2008-Ohio-4647.
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 at page 1 of the court of appeals' Judgment Entry filed November 5, 2008:
"If a defendant is under actual detention, can the defendant be convicted of escape under R.C. 2921.34(A)(1) when the record demonstrates that the defendant knew he was under detention or was reckless in that regard, irrespective of whether the defendant was properly under said detention?" (Emphasis sic.)
O'DONNELL and LANZINGER, JJ., dissent.
The conflict case is State v. North, Lorain App. No. 06CA009063, 2007-Ohio-5383.
Sua sponte, cause consolidated with 2008-2119, State v. Jordan, Marion App. No. 9-08-11, 2008-Ohio-4647.