[DOWNLOAD] "State v. Compton" by Ohio In the Court of Appeals First Appellate District of Ohio Hamilton County # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Compton
- Author : Ohio In the Court of Appeals First Appellate District of Ohio Hamilton County
- Release Date : January 01, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
OPINION Judgment Appealed From Is: Reversed and Appellant Discharged 1. The defendant-appellant, Ross Compton, appeals from his conviction for disorderly conduct, in violation of either R.C. 2917.11(A)(3) or R.C. 2917.11(A)(5). 1 Although he was charged in the complaint with domestic violence, a violation of R.C. 2919.25(C), the trial court convicted Compton of disorderly conduct based upon its belief that it was a lesser-included offense. In his two assignments of error, Compton now contends that the judgment must be reversed because (1) disorderly conduct under either R.C. 2917.11(A)(3) or R.C. 2917.11(A)(5) is not a lesser-included offense of domestic violence; and (2) the trial court erred by not granting his Crim.R. 29 motion for acquittal on the charge of domestic violence given the conditionality of any threat that he had allegedly made to his ex-wife. We find the first assignment to be well taken. The second assignment is moot since the trial court acquitted Compton on the charge of domestic violence. Accordingly, we reverse Compton's conviction for disorderly conduct and discharge him from further prosecution.