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STATE v. WISE

No. 94APC05-716.

99 Ohio App.3d 239 (1994)

The STATE of Ohio, Appellant, v. WISE, Appellee.

Court of Appeals of Ohio, Franklin County.

Decided December 20, 1994.

Attorney(s) appearing for the Case

Ronald J. O'Brien, City Attorney, David M. Buchman, Brenda J. Keltner and Jodi M. Finch, Assistant City Attorneys, for appellant.

W. Locke McKenzie, Jr., for appellee.

JOHN C. YOUNG, Judge.

This matter is before this court upon the appeal of the state of Ohio from the May 5, 1994 entry of the Franklin County Municipal Court which dismissed the charges against appellee, David A. Wise, at the request of the prosecuting witness and over the objection of the city attorney. The state sets forth the following single assignment of error on appeal:

"The trial court exceeded its discretion to the prejudice of the prosecution by dismissing...

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