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STATE v. BARNETT

No. 16281.

124 Ohio App.3d 746 (1998)

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

Court of Appeals of Ohio, Second District, Montgomery County.

Decided January 9, 1998.

Attorney(s) appearing for the Case

George A. Katchmer, Jr., Montgomery County Assistant Prosecuting Attorney, Appellate Division, for appellant.

David Chicarelli, for appellee.

FREDERICK N. YOUNG, Presiding Judge.

The state of Ohio appeals from a judgment of the Montgomery County Common Pleas Court dismissing two counts of a five-count indictment against appellee John Oliver Barnett.

The state advances three assignments of error. First, it contends that the trial court erred by relying upon State v. Urvan (1982), 4 Ohio App.3d 151, 4 OBR 244, 446 N.E.2d 1161, and finding that a...

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