STATE v. RICHARDS

No. 2007 CA 00330.

2008 Ohio 5964

State of Ohio, Plaintiff-Appellee, v. Misty Marie Richards, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: November 17, 2008.


Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Stark County, Ohio, By: Ronald Mark Caldwell, Assistant Prosecuting Attorney, Appellate Section, 110 Central Plaza South — Suite 510, Canton, Ohio 44702, for Plaintiff-Appellee.

John S. McCall, Jr., 606 Belden-Whipple Building, 4150 Belden Village Street, N.W., Canton, Ohio 44718, for Defendant-Appellant.

Before: Sheila G. Farmer, P.J., Julie A. Edwards, J., Patricia A. Delaney, J.


OPINION

EDWARDS, J.

{¶1} Appellant, Misty Marie Richards, appeals the trial court's denial of a pre-trial motion to dismiss one count of escape. Appellee is the State of Ohio.

STATEMENT OF FACTS AND CASE

{¶2} Misty Richards and Terry Richards are married and co-defendants in the underlying case.

{¶3} The facts which serve as the basis for the escape charge are as follows:

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