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STATE v. HAMPTON

No. 10AP-1109.

2011 Ohio 3486

State of Ohio, Plaintiff-Appellant, v. Emmanuel Hampton, Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on July 14, 2011.

Attorney(s) appearing for the Case

Ron O'Brien , Prosecuting Attorney, and Steven L. Taylor , for appellant.

Jonathan T. Tyack and Thomas M. Tyack , for appellee.

DECISION

KLATT, J.

{¶1} Plaintiff-appellant, the state of Ohio, seeks to appeal as a matter of right and with leave of court a judgment of the Franklin County Court of Common Pleas granting defendant-appellee, Emmanuel Hampton's, motion for judgment of acquittal pursuant to Crim.R. 29. Because the state cannot appeal the trial court's judgment, we dismiss the state's appeal and deny the state's motion for leave to appeal.

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