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STATE v. SMITH

No. 2012-0239.

136 Ohio St.3d 1 (2013)

2013-Ohio-1698

THE STATE OF OHIO, Appellee, v. SMITH, Appellant.

Supreme Court of Ohio.

Decided April 30, 2013.

Attorney(s) appearing for the Case

Ron O'Brien , Franklin County Prosecuting Attorney, and Sheryl L. Prichard , Assistant Prosecuting Attorney, for appellee.

Timothy Young , Ohio Public Defender, and Stephen P. Hardwick , Assistant Public Defender, for appellant.

KENNEDY, J.

{¶ 1} In this appeal, we are asked to determine whether in prosecuting the crime of violating a civil stalking or sexually-oriented-offense protection order ("SSOOPO") under R.C. 2919.27(A)(2), the state must prove that the order was delivered as required by R.C. 2903.214(F)(1) before the alleged offense occurred. For the reasons that follow, we conclude that to sustain such a conviction, the state must establish, beyond...

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