STATE OF OHIO, Plaintiff-Appellant,
v.
CURTIS MATTHEWS, Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on April 29, 2011.
Rendered on April 29, 2011.
Attorney(s) appearing for the Case
MATHIAS H. HECK, JR. , by R. LYNN NOTHSTINE , Atty. Reg. #0061560, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.
KRISTINE E. COMUNALE , Atty. Reg. #0062037, Law Office of the Public Defender, 117 South Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
HALL, J.
{¶ 1} The state appeals from a trial court's order dismissing an indictment that charged the defendant, Curtis Matthews, with the offense of tampering with records. The trial court determined that the time specified in Ohio's speedy-trial provisions within which Matthews had to be brought to trial for this offense was expired. We agree. Also, the Fifth Amendment's Double Jeopardy Clause would not have precluded prosecuting...
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