State v. Gray, 2007-Ca-0064 (2-4-2009)

OPINION

{¶ 1} Upon granting appellant's motion to reconsider, this court is asked to consider whether the indictment, and the trial court's jury instructions, in this case defining "physical harm" robbery in violation of R.C. 2911.02(A) (2), and "force" robbery in violation of R.C. 2911.02(A)(3) are deficient. Appellant argues that his indictment, and the instructions to the jury violated State v. Colon1, ["ColonI"] because neither specified the mens rea element of "recklessness" as required by the Ohio Supreme Court. Appellant further argues that because it is impossible to know whether the…