State v. Stevens

{¶ 19} I concur with the decision to reverse the court of appeals’ judgment, but not because I find the definition of “corrupt activity” in R.C. 2923.31(I)(2)(c) ambiguous. While there are a variety of different facts that could potentially satisfy this definition, there is only one plausible interpretation, and I vote to reverse because the court of appeals did not apply that interpretation in its sufficiency analysis.

{¶ 20} It is imprecise to frame the issue as whether R.C. 2923.31(I)(2)(c) applies to the “individual” defendant or the “enterprise as a whole,” as if it can never apply to…