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STATE v. SCHLOSSER

Nos. 96-1389 and 96-1390.

79 Ohio St.3d 329 (1997)

THE STATE OF OHIO, APPELLANT, v. SCHLOSSER, APPELLEE.

Supreme Court of Ohio.

Decided August 6, 1997.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and George A. Katchmer, Assistant Prosecuting Attorney, for appellant.

David H. Bodiker, Ohio Public Defender, and Hyrum J. Mackay, Assistant Public Defender, for appellee.

LUNDBERG STRATTON, J.

The issue in this appeal involves the mental state required for a conviction under Ohio's Racketeer Influenced and Corrupt Organizations ("RICO") statute. In particular, the issue certified to this court by the Court of Appeals for Montgomery County is, "Is any culpable mental state required for a violation of R.C. 2923.32(A)(1) and, if so, what culpable mental state is required?" We hold that Ohio's RICO statute, R.C. 2923.32(A)(1), plainly...

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