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STATE v. FLUHARTY

No. 2010CA00242.

2011 Ohio 4074

State of Ohio, Plaintiff-Appellant, v. Marion Fluharty, Defendant-Appellee.

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

DATE OF JUDGMENT ENTRY: August 8, 2011.

Attorney(s) appearing for the Case

JOHN D. FERRERO , Prosecuting Attorney, Stark County, Ohio, BY: KATHLEEN O. TATARSKY , RENEE M. WATSON , Assistant Prosecuting Attorney's, 110 Central Plaza South, Ste. 510, Appellate Section, Canton, Ohio 44702-1413, for Plaintiff-Appellant.

TAMMI JOHNSON , Stark County Public Defender's Office, 200 W. Tuscarawas Street, Suite 200, Canton, Ohio 44702, for Defendant-Appellee.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., Julie A. Edwards, J.

OPINION

EDWARDS, J.

{¶1} Plaintiff-appellant, State of Ohio, appeals from the August 19, 2010, Judgment Entry of the Stark County Court of Common Pleas granting defendant-appellee's Motion to Dismiss.

STATEMENT OF THE FACTS AND CASE

{¶2} On or about November 4, 1999, appellee, Marion Fluharty, was convicted in Stark County Case No 1999CR1122 of rape in violation of R.C. 2907.02. a felony of the first...

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