STATE v. JOHNSON

No. 2009-1481.

128 Ohio St.3d 153 (2010)

2010-Ohio-6314

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

Supreme Court of Ohio.

Decided December 29, 2010.


Attorney(s) appearing for the Case

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Phillip R. Cummings , Assistant Prosecuting Attorney, for appellee.

Law Offices of Ravert J. Clark and Lindsey R. Gutierrez , for appellant.

Ron O'Brien , Franklin County Prosecuting Attorney, and Steven L. Taylor , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Franklin County Prosecuting Attorney.

Timothy Young , Ohio Public Defender, and Jeremy J. Masters , Assistant State Public Defender, urging reversal for amicus curiae Ohio Public Defender.


BROWN, C.J.

I. Certified Issue

{¶ 1} The First District Court of Appeals certified the following issue pursuant to Section 3(B)(4), Article IV of the Ohio Constitution and App.R. 25: "Are the elements of child endangering [set forth in R.C. 2919.22(B)(1)] sufficiently similar to the elements of felony murder with child endangering as the predicate offense that the commission of the murder logically and necessarily also results in the commission...

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