State v. Smith
Annotate this CaseAfter a jury trial, Defendant was found guilty of aggravated burglary, violating a protection order, and resisting arrest. Defendant appealed, arguing that there was insufficient evidence to establish that at the time of the altercation he knew there was a protection order in place because the order was not delivered before the offense occurred. The court of appeals affirmed, concluding that the evidence was sufficient to permit the jury to conclude that Defendant knew of the order, knew of the risk that his conduct would violate the order, and acted recklessly by disregarding that risk. The Supreme Court reversed, holding that to sustain a conviction for violating a protection order under Ohio Rev. Code 2919.27(A)(2), the State must establish, beyond a reasonable doubt, that it served the defendant with the order before the alleged violation. Remanded.
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