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STATE v. BENNETT

Nos. C-010496 and C-010534.

150 Ohio App.3d 450 (2002)

2002-Ohio-6651

The STATE of Ohio, Appellant, v. BENNETT et al., Appellees.

Court of Appeals of Ohio, First District, Hamilton County.

Decided December 6, 2002.

Attorney(s) appearing for the Case

Michael K. Allen, Hamilton County Prosecuting Attorney, and Philip R. Cummings, Assistant Prosecuting Attorney, for appellant.

H. Fred Hoefle, for appellee Charles Bennett.

Rodney Harris, for appellee Anthony Jasper.

Betty D. Montgomery, Attorney General, David M. Gormley, State Solicitor, and Peter M. Thomas, Assistant Solicitor, urging reversal for amicus curiae, Ohio Attorney General.

SUNDERMANN, Judge.

{¶ 1} Defendants-appellees, Charles Bennett and Anthony Jasper, were indicted on March 21, 2001, for "participating in a criminal gang" in violation of R.C. 2923.42.1 The state claimed that Bennett and Jasper were members of a gang called "Folk," which was actively engaged in the trafficking of drugs in Roselawn, a section of Cincinnati.

{¶ 2} On June...

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