State v. Jewell, Unpublished Decision (12-15-1997)

Ohio Court of Appeals

State v. Jewell, Unpublished Decision (12-15-1997)

DecidedDecember 15, 1997

DocketNo. CA97-05-110.

StatusUnpublished

This text of State v. Jewell, Unpublished Decision (12-15-1997) (State v. Jewell, Unpublished Decision (12-15-1997)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Jewell, Unpublished Decision (12-15-1997), (Ohio Ct. App. 1997).

Pincite

Opinion

OPINION Defendant-appellant, Robert Jewell, was charged with domestic violence in violation of R.C. 2919.25(A). Following a bench trial in Butler County Area Court, appellant was found guilty of disorderly conduct, a fourth-degree misdemeanor, contrary to R.C.2917.11. Appellant was sentenced of record and appeals, claiming the trial court erred in finding him guilty of a fourth-degree misdemeanor offense.

Appellant's assignment of error is well-taken. This court has held that disorderly conduct as a fourth-degree misdemeanor is not a lesser included offense of domestic violence. State v. Burgess (1992), 79 Ohio App.3d 584, 587. Disorderly conduct as a minor misdemeanor is a lesser included offense of domestic violence. Id. at 588.

We accordingly reverse the trial court's judgment finding appellant guilty of a fourth-degree misdemeanor disorderly conduct and enter judgment finding appellant guilty of disorderly conduct as a minor misdemeanor offense. Id. See, also, State v. Harris (1996), 109 Ohio App.3d 873. This case is remanded to the trial court with directions to enter an appropriate sentence for a minor misdemeanor disorderly conduct offense. Id.

Judgment reversed and modified and cause remanded.

KOEHLER and POWELL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI