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STATE v. DYE

No. 2009-1149.

127 Ohio St.3d 357 (2010)

2010-Ohio-5728

THE STATE OF OHIO, Appellant, v. DYE, Appellee.

Supreme Court of Ohio.

Decided December 1, 2010.

Attorney(s) appearing for the Case

Charles E. Coulson , Lake County Prosecuting Attorney, and Teri R. Daniel , Assistant Prosecuting Attorney, for appellant.

Blakemore, Meeker & Bowler Co., L.P.A., and Michael B. Bowler , for appellee.

CUPP, J.

{¶ 1} When may a defendant who has pleaded guilty to an offense less than homicide prior to the victim's death be prosecuted for homicide when the victim subsequently dies? In State v. Carpenter (1993), 68 Ohio St.3d 59, 623 N.E.2d 66, syllabus, we held, "The state cannot indict a defendant for murder after the court has accepted a negotiated guilty plea to a lesser offense and the victim...

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