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STATE v. ROUSE

No. 2007 AP 12 0078.

2008 Ohio 5891

State of Ohio, Plaintiff-Appellant, v. Larry Rouse, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Tuscarawas County.

DATE OF JUDGMENT ENTRY: November 6, 2008.

Attorney(s) appearing for the Case

Amanda K. Spies, Tuscarawas County Prosecuting Attorney, By: Robert C. Urban, Jr., Assistant Prosecuting Attorney, for Tuscarawas County, Ohio, 125 E. High Avenue, New Philadelphia, Ohio 44663, for Plaintiff-Appellant.

Gary L. Greig, Tusc. County Public Defender's Office, 153 N. Broadway, New Philadelphia, Ohio 44663, for Defendant-Appellee.

Before: W. Scott Gwin, P.J., Julie A. Edwards, J., Patricia A. Delaney, J.

OPINION

EDWARDS, J.

{¶1} Plaintiff-appellant, State of Ohio, appeals from the December 13, 2007, Judgment Entry of the Tuscarawas County Court of Common Pleas granting defendant-appellee Larry Rouse's Motion to Dismiss Indictment under R.C. 2945.71(C)(2)(E).

STATEMENT OF THE FACTS AND CASE

{¶2} On August 23, 2007, while in jail awaiting trial on an unrelated misdemeanor domestic violence charge, appellee...

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