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STATE v. COOK

No. 2009-2122.

128 Ohio St.3d 120 (2010)

2010-Ohio-6305

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

Supreme Court of Ohio.

Decided December 28, 2010.

Attorney(s) appearing for the Case

Julia R. Bates , Lucas County Prosecuting Attorney, and Evy M. Jarrett , Assistant Prosecuting Attorney, for appellee.

John F. Potts , for appellant.

Richard Cordray , Attorney General, Benjamin C. Mizer , Solicitor General, Brandon J. Lester , Deputy Solicitor, and Robert Kenneth James , Assistant Solicitor, urging affirmance for amicus curiae Ohio Attorney General.

Timothy Young , Ohio Public Defender, and Peter Galyardt , Assistant Public Defender, urging reversal for amicus curiae Ohio Public Defender.

LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} The instant case involves a felony offense that includes an element of fraud where the corpus delicti of the offense was not discovered until approximately three years after the offense was committed. There are two questions for our review. The first is whether R.C. 2901.13(F) tolls the criminal statute of limitations for such an offense...

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