STATE v. ALBERT

C.A. No. 23148.

2010 Ohio 110

State of Ohio, Plaintiff-Appellant, v. Joseph P. Albert, Defendant-Appellee.

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

Rendered on January 15, 2010.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Pros. Attorney; Melissa M. Ford, Asst. Pros., Attorney, Atty. Reg. No. 0084215, P.O. Box 972, Dayton, Oh 45422, Attorneys for Plaintiff-Appellant.

Andrea Dewar Oladi, Atty. Reg. No. 0078868, Asst. Public Defender, 117 South Main Street, Suite 400, Dayton, Oh 45422, Attorney for Defendant-Appellee.


OPINION

GRADY, J.

{¶ 1} This appeal is brought by the State pursuant to R.C. 2945.67 and Crim.R. 12(K) from a final order of the common pleas court that struck from an indictment an allegation that Defendant, Joseph P. Albert, had previously been convicted of a domestic violence offense.

{¶ 2}Defendant was charged by indictment (Dkt. 2) with knowingly causing physical harm to a family or...

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