Opinion
2023-0839
09-06-2023
STATE v. MAYS
CASE ANNOUNCEMENTS
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the conflict question as stated in State v. Mays, 6th Dist. Lucas No. L-21-1228, 2023-Ohio-1908, ¶ 72 : "Can the requirement in R.C. 2945.75(A)(2) that a ‘guilty verdict shall state either the degree of the offense of which the offender is found guilty, or that such additional [aggravating] element or elements are present’ be satisfied by a verdict form that cites the statutory sections, permitting the defendant to be convicted of the higher-level offense?" (Brackets sic.) The conflict case is State v. Gregory, 3d Dist. Hardin No. 6-12-02, 2013-Ohio-853.
DeWine and Deters, JJ., dissent.