STATE v. KAPLOWITZ

No. 2002-1831.

100 Ohio St.3d 205 (2003)

2003-Ohio-5602

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

Supreme Court of Ohio.

Decided November 5, 2003.


Attorney(s) appearing for the Case

Charles E. Coulson, Lake County Prosecuting Attorney, and Brian L. Summers, Assistant Prosecuting Attorney, for appellee.

Rosplock & Perez and Richard J. Perez, for appellant.


LUNDBERG STRATTON, J.

{¶ 1} Today this court must answer the question certified for our review: "[W]hich version [of R.C. 2903.08] applies—the version in effect at the time of the offense or the current version, effective prior to the institution of sentencing by the trial court—when application of the newer statute would change the offense from the offense indicted and to which the defendant...

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