STATE v. JACKSON

No. 2016-0782.

151 Ohio St.3d 239 (2017)

2017-Ohio-7469

THE STATE OF OHIO, APPELLANT, v. JACKSON, APPELLEE.

Supreme Court of Ohio.

Decided September 7, 2017.


Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Daniel T. Van and John F. Hirschauer , Assistant Prosecuting Attorneys, for appellant.

Nee Law Firm, L.L.C., and Matthew M. Nee , for appellee.

Russell S. Bensing , urging reversal for amicus curiae Ohio Association of Criminal Defense Lawyers.

Robert L. Tobik , Cuyahoga County Public Defender, and Cullen G. Sweeney and John T. Martin , Assistant Public Defenders, urging reversal for amicus curiae Cuyahoga County Public Defender.

O'CONNOR, C.J., and O'DONNELL, KENNEDY, FRENCH, O'NEILL, and DEWINE, JJ., concur.


{¶ 1} In this case, we clarify that which we believe is already clear — any dismissal of a count in an indictment resolves that count and does not prevent a judgment of conviction from being final and appealable. Accordingly, we reverse the judgment of the court of appeals dismissing appellee Andrew L...

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