1997 OHIO 408 - State v. Loesser

[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.
                                  __________________