State v. Roberts

The single issue is whether disorderly conduct under R.C. 2917.11 (A)(1) 1 is a lesser included offense of assault under R.C. 2903.13(A). 2 It is a question of first impression. We hold that disorderly conduct is a lesser included offense.

Defendant-appellant, Paul R. Roberts, was charged in the complaint with knowingly causing physical harm to Michael Auwbrey in violation of R.C. 2903.13(A). After a non-jury trial, the court found him not guilty of that violation but guilty of a violation of R.C. 2917.11(A)(1). His single assignment of error is that this was contrary to law because disorderly…