Opinion
2019-1027
09-25-2019
STATE v. PETTUS
CASE ANNOUNCEMENT
MOTION AND PROCEDURAL RULING
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue as stated in the order entered by the court of appeals on July 8, 2019: "When a defendant is convicted of multiple theft offenses committed in the offender's same employment, capacity, or relationship to another, does R.C. 2913.61(C) permit the offenses to be aggravated where the victim of the offense is not an elderly person, a disabled adult, or an active duty service member or spouse of an active duty service member?" The conflict case is State v. Phillips, 12th Dist. Clinton No. CA2009-03-001, 2010-Ohio-2711. Sua sponte, cause consolidated with 2019-0914, State v. Pettus, and briefing in case Nos. 2019-0914 and 2019-1027 shall be consolidated. The parties shall file two originals of the briefs permitted under S.Ct.Prac.R. 16.02 through 16.04 and include both case numbers on the cover page of the briefs. The parties shall otherwise comply with the requirements of S.Ct. Prac.R. 16.01 through 16.04.
French and DeWine, JJ., dissent.