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STATE v. CERTAIN

No. 07CA3003.

180 Ohio App.3d 457 (2009)

2009-Ohio-148

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

Court of Appeals of Ohio, Fourth District, Ross County.

Decided January 8, 2009.

Attorney(s) appearing for the Case

Toni L. Eddy, City of Chillicothe Law Director, and Mark A. Preston, Assistant Law Director, for appellant.

Timothy Young, Ohio Public Defender, and Jessica S. McDonald, Assistant Ohio Public Defender, for appellee.

HARSHA, Judge.

{¶ 1} The state charged Lucas J. Certain with obstructing official business in violation of R.C. 2921.31 after he fled from a police officer attempting to make an investigative stop. Relying on our decision in State v. Gillenwater (Apr. 2, 1998), Highland App. No. 97CA0935, 1998 WL 150354, the trial court dismissed the criminal complaint against Certain, concluding that "mere flight from a request for a Terry stop does...

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