STATE v. BAUMHOLTZ

No. 89-387.

50 Ohio St. 3d 198 (1990)

THE STATE OF OHIO, APPELLANT, v. BAUMHOLTZ, APPELLEE.

Supreme Court of Ohio.

Decided April 18, 1990.


Attorney(s) appearing for the Case

Lynn C. Slaby, prosecuting attorney, and Philip D. Bogdanoff, for appellant.

Matthew Fortado, for appellee.

Nick Tomino, director of law, and Kathleen A. Martin, urging reversal for amicus curiae, Ohio Municipal Attorneys Association.

John T. Corrigan, prosecuting attorney, and Leonard D. Hall, urging reversal for amicus curiae, Prosecuting Attorney of Cuyahoga County.


ALICE ROBIE RESNICK, J.

The issue before this court is whether the state has complied with the procedural requirements of R.C. 2933.43(C). More specifically, we are asked to determine the time frame within which the state must file a forfeiture petition so as to comport with the statute. We begin our analysis with an overview of the forfeiture provisions adopted by the General Assembly.

Enacted in 1986, R.C. 2933.42 and 2933.43 provide a framework through...

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