Opinion
NO. 2014-1454
10-08-2014
State v. Earley
MOTION AND PROCEDURAL RULING.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' entry filed August 13, 2014:
"When the offense of operating a motor vehicle while under the influence in violation of R.C. 4511.19(A)(1) is the predicate conduct for aggravated vehicular assault in violation [of] R.C. 2903.08(A)(1), are the two offenses allied, and if so, does R.C. 2929.41(B)(3) create an exception that allows a trial court to impose a sentence for both offenses?"
Sua sponte, cause consolidated with No. 2014-1278, State v. Earley, Cuyahoga App. No. 100482, 2014-Ohio-2643.
The conflict cases are State v. West, 2d Dist. Montgomery No. 23547, 2010-Ohio-1786, State v. Mendoza, 6th Dist. Wood No. WD-10-008, 2012-Ohio-5988, and State v. Phelps, 12th Dist. Butler No. CA2009-09-243, 2010-Ohio-3257.
O'DONNELL, LANZINGER, and FRENCH, JJ., dissent.