State v. Kaplowitz

Lake App. No. 2001-L-025, 2002-Ohio-4217. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Judgment Entry filed October 10, 2002, at page 2:

*1481“In his motion, Kaplowitz asks this court to certify to the Supreme Court the case of State v. Kaplowitz, 11th Dist. No. 2001-L-025, 2002-Ohio-4217, 2002 Ohio App. LEXIS 4379, as being in conflict with the Fifth District Court of Appeals holding in State v. Kinder (2000), 140 Ohio App.3d 235 [746 N.E.2d 1205]. In Kaplowitz, this court recognized the…