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STATE v. STURGELL

C.A. No. 1751.

2009 Ohio 5628

State of Ohio, Plaintiff-Appellant, v. John T. Sturgell, Defendant-Appellee.

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

Rendered on October 23, 2009.

Attorney(s) appearing for the Case

Richard M. Howell, Pros. Attorney, Atty. Reg. No.0002550, Courthouse, Greenville, Oh 45331, Attorney for Plaintiff-Appellant.

Scott D. Rudnick, Atty. Reg. No. 0000853, 121 W. Third Street, Greenville, Oh 45331, Attorney for Defendant-Appellee.

OPINION

GRADY, J.

{¶ 1}This appeal is brought by the State pursuant to R.C. 2945.67 from a judgment of the Municipal Court of Darke County that granted Defendant John Sturgell's Crim.R. 12(C)(1) motion to dismiss a complaint charging him with the offense of vehicular homicide in violation of R.C. 2903.06(A)(3)(a). The court ordered that charge dismissed on a finding that, because Defendant's conviction for vehicular...

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