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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.
Document Info
Docket Number: No. CA97-05-110.
Judges: YOUNG, P.J.
Filed Date: 12/15/1997
Precedential Status: Non-Precedential
Modified Date: 4/18/2021