State v. Kaplowitz

{¶ 1} Today this court must answer the question certified for our review: “[WJhich version [of R.C. 2903.08] applies — the version in effect at the time of the offense or the current version, effective prior to the institution of sentencing by the trial court — when application of the newer statute would change the offense from the offense indicted and to which the defendant pled[?]”

{¶ 2} On September 21, 1999, Mike Kaplowitz, defendant-appellant, was involved in a motor vehicle accident where both he and his passenger were injured. In April 2000, a grand jury indicted Kaplowitz on one count…