State v. Rebholz

2014 Ohio 2429

Ohio Ct. App.

2014

Check Treatment

STATE OF OHIO, Plaintiff-Appellee, vs. ANDREW REBHOLZ, Defendant-Appellant.

APPEAL NO. C-130636

TRIAL NO. C-12CRB-34335

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

June 6, 2014

2014-Ohio-2429

Criminal Appeal From: Hamilton County Municipal Court. Judgment Appealed From Is: Reversed, Conviction Vacated, and Appellant Discharged.

O P I N I O N.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

T. Martin Jennings, for Defendant-Appellant.

Please note: we have removed this case from the accelerated calendar.

DINKELACKER, Judge.

{¶1} Defendant-appellant Andrew Rebholz was charged with criminal child enticement under R.C. 2905.05(A). He subsequently filed a motion to dismiss the charge in which he argued that R.C. 2905.05 was unconstitutional on its face and as applied to him. The trial court denied the motion. Following a bench trial, the trial court found him guilty and sentenced him. This appeal followed.

{¶2} In his sole assignment of error, Rebholz contends that the trial court erred in denying his motion to dismiss. He argues that R.C. 2505.05 is overbroad and unconstitutional on its face. This assignment of error is well taken.

{¶3} After this appeal was filed, the Ohio Supreme Court held in State v. Romage, 138 Ohio St.3d 390, 2014-Ohio-783, 7 N.E.3d 1156, that “Ohio‘s child-enticement statute, R.C. 2505.05(A) is unconstitutionally overbroad because it sweeps within its prohibition a significant amount of constitutionally protected activity.” Id. at syllabus.

{¶4} Under the doctrine of stare decisis, we are bound by the Supreme Court‘s decision. State v. Bethel, 10th Dist. Franklin No. 07AP-810, 2008-Ohio-2697, ¶ 25-28; Cincinnati ex rel. Crotty v. Cincinnati, 1st Dist. Hamilton No. C-76179, 1976 Ohio App. LEXIS 8553, *10 (May 19, 1976), overruled on other grounds, 50 Ohio St.2d 27, 361 N.E.2d 1340 (1977). Consequently, we sustain Rebholz‘s assignment of error. We reverse the trial court‘s judgment denying Rebholz‘s motion to dismiss the charge, vacate Rebholz‘s conviction, and order him discharged from further prosecution for this offense.

Judgment reversed, conviction vacated, and appellant discharged.

HENDON, P.J., and DEWINE, J., concur.

Please note:

The court has recorded its entry on the date of the release of this opinion.