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STATE v. CARPENTER

No. 92-1269.

68 Ohio St.3d 59 (1993)

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

Supreme Court of Ohio.

Decided December 22, 1993.

Attorney(s) appearing for the Case

Michael Miller, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellee.

Philip Churchill, Franklin County Public Defender, and John W. Keeling, Assistant Public Defender, for appellant.

FRANCIS E. SWEENEY, SR., J.

The sole issue before this court is: When the state accepts a negotiated plea, and the victim later dies of injuries sustained in the crime, can the defendant later be indicted for murder where the state does not expressly reserve the right of the state to file additional charges, should the victim later die? For the following reasons, we answer "no" and, thereby, reverse the judgment of the...

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