State v. RebholzState v. Rebholz
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.
{¶1} Defendant-appellant Andrew Rebholz was charged with criminal child enticement under
{¶2} In his sole assignment of error, Rebholz contends that the trial court erred in denying his motion to dismiss. He argues that
{¶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,
{¶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.