State v. Harris, 08ap-723 (3-17-2009)

OPINION

{¶ 1} Defendant-appellant, Rosevelt Harris ("appellant"), appeals from the judgment of the Franklin County Municipal Court, which, following a jury trial, convicted him of telecommunications harassment in violation of R.C. 2917.21(B).

{¶ 2} On appeal, appellant asserts only one assignment of error, as follows:

THE TRIAL COURT ERRED WHEN IT CONVICTED THE DEFENDANT OF A VIOLATION OF R.C. 2917.21(B), WHICH IS UNCONSTITUTIONAL ON ITS FACE AND WAS ALSO APPLIED UNCONSTITUTIONALLY TO THE DEFENDANT SINCE IT PUNISHED CONDUCT THAT IS PROTECTED BY THE FIRST AMENDMENT.

{¶ 3} In his sole assignment,…