STATE v. MARTELLO

No. 2001-1048.

97 Ohio St.3d 398 (2002)

2002-Ohio-6661

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

Supreme Court of Ohio.

Reargued November 13, 2002.

Decided December 13, 2002.


Attorney(s) appearing for the Case

Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Angela M. Scott, Assistant Prosecuting Attorney, for appellant.

David H. Bodiker, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, for appellee.

Betty D. Montgomery, Attorney General, David M. Gormley, State Solicitor, Darrell M. Pierre Jr. and Robert L. Strayer, Assistant Attorneys General, urging reversal for amicus curiae Attorney General of Ohio.


ALICE ROBIE RESNICK, J.

{¶ 1} We are required to determine whether the Double Jeopardy Clauses of the United States and Ohio Constitutions preclude a criminal defendant who is sanctioned for violating Ohio's postrelease control statute, R.C. 2967.28, from being criminally prosecuted for the same conduct that was the reason for the sanction. For the reasons that follow, we find that the criminal prosecution does not offend principles of double jeopardy...

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