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STATE v. CRESS

Nos. 2005-1965 and 2005-2114.

112 Ohio St.3d 72 (2006)

2006-Ohio-6501

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

Supreme Court of Ohio.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Jim Slagle, Marion County Prosecuting Attorney, and Renée Potts, Assistant Prosecuting Attorney, for appellant.

Collins & Lowther, L.P.A., and Kevin P. Collins, for appellee.

MOYER, C.J.

{¶ 1} The Third District Court of Appeals has certified the following question in connection with the conviction of appellee, Shawn Cress, of a felony charge of witness intimidation of Tara Thacker: "Does a criminal charge of intimidation in violation of R.C. 2921.04(B) require the state to prove that the defendant has made a threat to engage in unlawful conduct?" The answer to this question is "no."

{¶...

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