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STATE v. SMITH

No. E-96-003.

112 Ohio App.3d 413 (1996)

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

Court of Appeals of Ohio, Sixth District, Erie County.

Decided July 12, 1996.

Attorney(s) appearing for the Case

Kevin J. Baxter, Erie County Prosecuting Attorney, and Roger E. Binette, Assistant Prosecuting Attorney, for appellant.

Mark Krochka, for appellee.

GLASSER, Judge.

This is an appeal from a judgment of the Erie County Court of Common Pleas granting the motion to suppress of appellee, Semaj Smith. Appellant, the state of Ohio, brings this appeal pursuant to Crim.R. 12(J), which permits the state to appeal a decision that "has rendered the state's proof with respect to the pending charge so weak in its entirety that any reasonable possibility of effective prosecution...

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