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STATE v. GOWDY

No. 14607.

95 Ohio App.3d 628 (1994)

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

Court of Appeals of Ohio, Montgomery County.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Carley Jean Ingram, Montgomery County Assistant Prosecuting Attorney, for appellant.

Richard Hempfling, for appellee.

Per Curiam.

This matter is before the court upon defendant-appellee Ray C. Gowdy's motion to reconsider and motion to dismiss this appeal. Gowdy contends that this appeal should be dismissed because it is a discretionary appeal pursuant to R.C. 2945.67(A), and the state did not move for leave to appeal within thirty days of the judgment from which this appeal is taken.

The state contends that the following sentence in App.R. 3(A) is dispositive:

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