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STATE v. SMITH

Nos. 7-11-06, 7-11-08.

197 Ohio App.3d 742 (2012)

2012-Ohio-532

The STATE of Ohio, Appellee, v. SMITH, Appellant.

Court of Appeals of Ohio, Third District, Henry County.

Decided February 13, 2012.

Attorney(s) appearing for the Case

David Grahn , for appellee.

George C. Rogers , for appellant.

WILLAMOWSKI, Judge.

{¶ 1} Plaintiff-appellant, Lynett S. Smith, appeals the judgments of the Napoleon Municipal Court finding her guilty of twice failing to file state sales-tax returns for Chiaverini, Inc. pursuant to R.C. 5739.30(A). On appeal, Smith contends that the trial court erred in denying the motion to dismiss the complaints because the statutes do not criminalize the late filing of tax returns

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