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STATE v. SMALL

No. 04AP-316.

162 Ohio App.3d 325 (2005)

2005-Ohio-2291

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

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided May 10, 2005.

Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellant.

Yeura Venters, Franklin County Public Defender, and Allen V. Adair, Assistant Public Defender, for appellee.

PETREE, Judge.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from a judgment of the Franklin County Court of Common Pleas that dismissed an indictment against defendant-appellee, Darryl L. Small. For the following reasons, we reverse the trial court's judgment and remand the matter to the trial court with instructions.

{¶ 2} By indictment filed in 1996, defendant was charged in two counts: (1) kidnapping, a violation...

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