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STATE v. LESTER

No. 2008-1725.

123 Ohio St.3d 396 (2009)

2009-Ohio-4225

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

Supreme Court of Ohio.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Tanner B. McFall, Assistant Prosecuting Attorney, for appellant.

Christine Y. Jones, for appellee.

Timothy Young, State Public Defender, and Spencer Cahoon, Assistant State Public Defender, urging affirmance for amicus curiae, Ohio Public Defender.

CUPP, J.

{¶ 1} The issue before us is whether, in the crime of aggravated robbery in violation of R.C. 2911.01(A)(1), the element of brandishing, displaying, using, or indicating possession of a deadly weapon has a mens rea of recklessness, or whether strict liability is imposed with regard to that element. We conclude that R.C. 2911.01(A)(1) imposes...

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