State v. Brown

Citations

• 2019 Ohio 1666

Syllabus

Appellee was charged with two misdemeanor counts of failure to pay court-ordered child support in violation of R.C. 2919.21(B). The child for whom support was ordered, though emancipated when the criminal complaint was filed, was not emancipated during the time period covered by each count. Under the authority of State v. Pittman, 150 Ohio St.3d 113, 2016-Ohio-8314, 79 N.E.3d 531, the trial court sustained appellee's motion to dismiss. State v. Pittman, however, was not controlling, because appellee was subject to a child support order during the timeframe covered by each count. Judgment reversed and remanded. However, recognizing that our judgment in this case is in conflict with the Eleventh District's judgment in State v. Hubbard, 2018-Ohio-3627, __ N.E.3d __, we sua sponte certify a conflict to the Supreme Court of Ohio.