STATE v. McDONALD

No. 2012-1177.

132 Ohio St.3d 1512 (2012)

2012-Ohio-4021

State v. McDonald.

Supreme Court of Ohio.

September 5, 2012.


MOTION AND PROCEDURAL RULING

On review of an order certifying a conflict. The court determines that a conflict exists. The parties are to brief the following issue stated at page two of the court of appeals' judgment entry of June 13, 2012, but rephrased by the court as follows:

"Is the inclusion of the `substantial risk of serious physical harm to persons or property' language from R.C. 2921.331(C)(5)(a)(ii) sufficient to sustain a third-degree-felony conviction...

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