State v. Berry

Citations

• 2021 Ohio 2588

Syllabus

Motion to dismiss indictment commencement of criminal prosecution former R.C. 2901.13(E) statute of limitations former R.C. 2901.13(A)(3)(c) Crim.R. 4(D)(3) reasonable diligence former R.C. 2901.13(G) avoiding prosecution. Trial court did not err in granting defendant's motion to dismiss based on the statute of limitations where the state did not meet its burden of establishing that it exercised reasonable diligence in executing the summons or warrant or that the statute of limitations was tolled due to defendant's purposeful efforts to avoid prosecution.