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STATE v. BEAVERS

C.A. No. 24994.

2012 Ohio 6222

STATE OF OHIO Plaintiff-Appellant, v. REUBIN J. BEAVERS Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 31, 2012.

Attorney(s) appearing for the Case

R. LYNN NOTHSTINE , Atty. Reg. No. 0061560, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorney for Plaintiff-Appellant

LUCAS W. WILDER , Atty. Reg. No. 0074057, 120 W. Second Street, Suite 400, Dayton, Ohio 45402, Attorney for Defendant-Appellee

OPINION

FROELICH, J.

{¶ 1} The State of Ohio appeals from a judgment of the Montgomery County Court of Common Pleas, which granted the motion of Reubin J. Beavers to dismiss his indictment for possession of crack cocaine and possession of marijuana due to the destruction of evidence. For the following reasons, the trial court's judgment will be reversed, and the case will be remanded for reconsideration of defendant...

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