The court in State v. Buehner 110 Ohio St. 3d 403, 2006 Ohio 4707, 853 N.E.2d 1162, stated that, in the context of ethnic intimidation, 'it is the predicate offense itself and not the elements of the predicate offense that is an essential element of the charged offense.' In Buehner, the court noted that it had 'previously rejected the argument that an indictment is defective for the state's failure to identify the elements of the underlying offense of the charged crime.' The Buehner court held that 'an indictment that tracks the language of the charged offense and identifies a predicate offense by reference to the statute number need not also include each element of the predicate offense in the indictment.'" Id. at P11.