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STATE v. STOWE

No. 09 CAA 05 0046.

2010 Ohio 4646

State of Ohio, Plaintiff-Appellant, v. Rusty Wayne Stowe, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Delaware County.

DATE OF JUDGMENT ENTRY: September 29, 2010.

Attorney(s) appearing for the Case

David A. Yost, Delaware County Prosecuting Attorney, By: William J. Owen, Carol Hamilton O'Brien, Assistant Prosecuting Attorneys, 140 North Sandusky Street, Delaware, Ohio 43015, for Plaintiff-Appellant.

O. Ross Long, 125 North Sandusky Street, Delaware, Ohio 43015, for Defendant-Appellee.

Before: Julie A. Edwards, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.

OPINION

EDWARDS, P.J.

{¶1} Plaintiff-appellant, State of Ohio, appeals from the May 4, 2009, Judgment Entry of the Delaware County Court of Common Pleas granting the Motion to Dismiss filed by defendant-appellee, Rusty Wayne Stowe.

STATEMENT OF THE FACTS AND CASE

{¶2} An indictment was filed in the Delaware County Court of Common Pleas on June 17, 2005, charging appellee with one count of engaging in...

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