Opinion
No. 2007-2426.
February 6, 2008.
Crawford App. No. 3-06-23, 2007-Ohio-4931.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' Journal Entry filed November 30, 2007:
"Is the holding in State v. Pelfrey, 112 Ohio St.3d 422, applicable to charging statutes that contain separate sub- parts with distinct offense levels?"
O'CONNOR, O'DONNELL, and LANZINGER, JJ., dissent.
The conflict case is State v. Kepiro, Franklin App. No. 06AP-1302, 2007-Ohio-4593.
Sua sponte, cause consolidated with 2007-2030, State v. Sessler, Crawford App. No. 3-06-23, 2007-Ohio-4931.