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STATE v. PETERS

No. 92791.

2009 Ohio 5836

State of Ohio, Plaintiff-Appellant, v. Garland Peters, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: November 5, 2009.

Attorney(s) appearing for the Case

William D. Mason, Esq., Cuyahoga County Prosecutor, By: Andrew J. Santoli, Esq., Assistant County Prosecutor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Paul F. Markstrom, Esq., 11565 Pearl Road, Suite 300, Strongsville, Ohio 44136, Attorney for Appellee.

Before: Dyke, J., Rocco, P.J., and Boyle, J.

JOURNAL ENTRY AND OPINION

ANN DYKE, J.:

{¶ 1} The State of Ohio appeals from the order of the court of common pleas that dismissed the indictment issued against defendant Garland Peters. For the reasons set forth below, we reverse and remand for further proceedings consistent with this opinion.

{¶ 2} On March 31, 2008, defendant was indicted for one count of escape in violation of R.C. 2921.34(A)(1). Defendant...

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