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STATE v. JONES

Appellate No. 22521.

2009 Ohio 1957

State of Ohio, Plaintiff-Appellant, v. Calvin C. Jones, Jr., Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on April 17, 2009.

Attorney(s) appearing for the Case

Raymond J. Dundes, Atty. Reg. #0041515, City of Riverside Prosecuting Attorney, 7 South Mechanic Street, Lebanon, Ohio 45036, Attorney for Plaintiff-Appellant.

Michael C. Thompson, Atty. Reg. #0041420, 5 North Williams Street, Dayton, Ohio 45407, Attorney for Defendant-Appellee.

OPINION

FAIN, J.

{¶ 1} The State of Ohio appeals from the dismissal, with prejudice, of a criminal action against defendant-appellee Calvin C. Jones, Jr. The State contends that the trial court abused its discretion by dismissing with, rather than without, prejudice.

{¶ 2} We conclude that, because there is no evidence in the record that Jones's constitutional or statutory rights had been violated, the trial court...

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