State v. Daniel

In State v. Daniel, Franklin App Nos. 05AP-564, 05AP-683, 2006 Ohio 462, the defendant had also been "convicted of burglary, a violation of R.C. 2911.12, and a felony of the third degree" with no subsection otherwise identified. Id. at P57. The Tenth District found that by "implication," that "if a party is convicted of a felony of the third degree for a violation of R.C. 2911.12, that party must have been found guilty of violating R.C. 2911.12(A)(3)." Id. Therefore, because the inference was a reasonable one, appellant's burglary charge was an offense of violence for the purposes of R.C. 2923.13(A)(2). Accord id. at P57-60.