Cleveland v. Wanton

Citations

• 2021 Ohio 1951

Syllabus

Crim.R. 48 dismissal of criminal charges Crim.R. 5 standard of review abuse of discretion. A trial court has jurisdiction to dismiss a criminal case pursuant to Crim.R. 48 and such dismissal is reviewed upon an abuse of discretion. Crim.R. 5 does not prohibit the filing of misdemeanor charges in a municipal court and the simultaneous prosecution of associated felony charges in a common pleas court, nor does a violation of the rule mandate dismissal of charges. The trial court's application of Crim.R. 5 to a case in which no felony charges were filed is a misapplication of law and constitutes an abuse of discretion.