State v. Parker

Fain, Judge.

{¶ 1} Defendant-appellant Yelvis D. Parker appeals from his conviction and sentence for the fourth-degree misdemeanor offense of disorderly conduct, proscribed by R.C. 2917.11(E)(3), following a bench trial for assault. He contends that the offense of fourth-degree misdemeanor disorderly conduct is not a lesser-included offense of assault, because it contains an element that is not an element of assault. We agree. Accordingly, the judgment of the trial court is reversed, and this cause is remanded for further proceedings consistent with this opinion.

I

{¶ 2} As a result of an…