STATE v. LINDSTROM

No. 96653.

2011 Ohio 6755

State of Ohio, Plaintiff-Appellant, v. Matthew Lindstrom, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: December 29, 2011.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, BY: Daniel T. Van , Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellant.

John B. Gibbons , 2000 Standard Building, 1370 Ontario Street, Cleveland, OH 44113, Attorney for Appellee.

Before: Stewart, P.J., Cooney, J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.

{¶ 1} Plaintiff-appellant, state of Ohio, appeals from the trial court's decision to dismiss its indictment and transfer the case to the Juvenile Division of the Court of Common Pleas. The state complains that its act of filing a complaint in juvenile court against then 20-year-old defendant-appellee, Matthew Lindstrom, did not constitute his being "taken into custody or apprehended" as...

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