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STATE v. COLE

No. C-930280.

94 Ohio App.3d 629 (1994)

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

Court of Appeals of Ohio, Hamilton County.

Decided March 23, 1994.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Christian J. Schaefer, Assistant Prosecuting Attorney, for appellant.

Richard J. Goldberg, appellee.

SHANNON, Presiding Judge.

Christopher J. Cole III, defendant-appellee, was charged with the crime of failing to provide adequate support to his child, Justin M. Schmitz. Cole requested that the trial court dismiss a portion of his indictment. That portion was a specification that elevated the nonsupport crime from a misdemeanor to a felony. The trial court granted the motion, and from that order, the state brings this...

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