STATE v. CLARK

Nos. 2007-0983 and 2007-1047.

119 Ohio St.3d 239 (2008)

2008-Ohio-3748

THE STATE OF OHIO, Appellee, v. CLARK, Appellant.

Supreme Court of Ohio.

Decided July 31, 2008.


Attorney(s) appearing for the Case

Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Shelley M. Pratt, Assistant Prosecuting Attorney, for appellee.

Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellant.


MOYER, C.J.

I

{¶ 1} The Eleventh District Court of Appeals has certified this case pursuant to Section 3(B)(4), Article IV, Ohio Constitution and App.R. 25. The court of appeals found its judgment to be in conflict with the judgment of the Twelfth District Court of Appeals in State v. Prom, 12th Dist. No. CA2002-01-007, 2003-Ohio-6543, 2003 WL 22887906, on the following issue: "Is...

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