State v. Boldin, 2007-G-2808 (12-5-2008)

{¶ 111} I concur with the majority's decision to affirm Mr. Boldin's conviction for domestic violence. However, I believe that disorderly conduct under R.C. 2917.11(A)(1) remains a lesser included offense of domestic violence under R.C. 2919.25(A). I further believe that, under the reasoning set forth in Brown, supra, disorderly conduct under R.C. 2917.11(A)(1) is an allied offense of similar import to domestic violence under R.C. 2919.25(A), when each charge stems from a single act with a single animus. Consequently, I would reverse and remand so that the trial court could merge Mr. Boldin's…