State v. Loesser
State v. Loesser
Opinion
[This opinion has been published in Ohio Official Reports at 80 Ohio St.3d 419.]
THE STATE OF OHIO, APPELLEE, v. LOESSER, APPELLANT. [Cite as State v. Loesser, 1997-Ohio-408.] Criminal law—Requirements for waiver of right to trial by jury—Absent strict compliance with R.C. 2945.05, trial court lacks jurisdiction to try defendant without a jury—Appellate procedure—Supreme Court jurisdiction— Certification of conflict dismissed, when. (Nos. 95-2439 and 95-2441—Submitted November 5, 1997—Decided December 24, 1997.) APPEAL from and CERTIFIED by the Court of Appeals for Cuyahoga County, No. 66762. __________________ Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, L. Christopher Frey and Gail Denise Baker, Assistant Prosecuting Attorneys, for appellee. John P. Parker, for appellant. __________________ {¶ 1} The judgment of the court of appeals in case No. 95-2439 is reversed and the cause is remanded to the trial court for further proceedings on the authority of State v. Haught (1996), 76 Ohio St.3d 645, 670 N.E.2d 232. See, also, State v. Pless (1996), 74 Ohio St.3d 333, 658 N.E.2d 766. {¶ 2} Case No. 95-2441 is dismissed on the basis that no conflict now exists. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________
Reference
- Status
- Published
- Syllabus
- Criminal law—Requirements for waiver of right to trial by jury—Absent strict compliance with R.C. 2945.05, trial court lacks jurisdiction to try defendant without a jury—Appellate procedure—Supreme Court jurisdiction—Certification of conflict dismissed, when.