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STATE v. BUSCH

Nos. 95-1683 and 95-1893.

76 Ohio St.3d 613 (1996)

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

Supreme Court of Ohio.

Decided October 9, 1996.

Attorney(s) appearing for the Case

Ronald J. O'Brien, City Attorney, David M. Buchman, City Prosecutor, and Jodi M. Finch, Assistant City Prosecutor, for appellee.

Judith M. Stevenson, Franklin County Public Defender, and John W. Keeling, Assistant Public Defender, for appellant.

PFEIFER, J.

We hold that a trial court has the discretion to sua sponte dismiss a criminal case over the objection of the prosecution where the complaining witness does not wish for the case to proceed.

We need look no further than Crim.R. 48(B) for authority for trial judges to dismiss criminal actions sua sponte. The rule reads:

"Dismissal by the court. If the court over objection of the state dismisses an indictment, information...

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