Opinion
No. 2008-2249.
April 22, 2009.
Logan App. No. 8-07-28, 178 Ohio App.3d 211, 2008-Ohio-4781.
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 13, 2008:
"May a defendant consent to a negotiated plea to an offense that was neither indicted, nor a lesser included offense of the indicted offense, without a waiver of indictment pursuant to Criminal Rule 7(A) and Section 10, Article I of the Ohio Constitution?"
The conflict case is State v. Robinson, Cuyahoga App. No. 90411, 2008-Ohio-3972.
Sua sponte, cause consolidated with 2008-2127, State v. Rohrbaugh, Logan App. No. 8-07-28, 178 Ohio App.3d 211, 2008-Ohio-4781.