Opinion
No. 2008-2170.
December 31, 2008.
Union App. No. 14-07-20, 177 Ohio App.3d 560, 2008-Ohio-4160.
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 in the court of appeals' Judgment Entry filed October 10, 2008:
"Does the damaging of a single, private telephone or cellular telephone disrupt `public services' sufficiently to constitute a violation of R.C. 2909.04(A)(3)?"
O'DONNELL, J., dissents.
The conflict cases are State v. Yoakum (Jan. 17, 2002), Holmes App. No. 01CA0005; State v. Thomas, Montgomery App. No. 19435, 2003-Ohio-5746; State v. Johnson, Cuyahoga App. Nos. 81692 and 81693, 2003-Ohio-3241; and State v. Brown (1994), 97 Ohio App.3d 293.
Sua sponte, cause consolidated with 2008-1942, State v. Robinson, Union App. No. 14-07-20, 177 Ohio App.3d 560, 2008-Ohio-4160.
Motion to strike notice of certified conflict and motion to dismiss denied.