State v. Booker

Citations

• 2023 Ohio 4216

Syllabus

Crim.R. 48 reasons dismissal prejudice without prejudice constitutional rights trial. Reversed the decision of the trial court and remanded with instructions for the trial court to vacate its dismissal of the case with prejudice and to enter a dismissal without prejudice. The trial court erred in dismissing the case with prejudice when it made no finding that there is a deprivation of the defendant's statutory or constitutional rights, the violation of which would bar further prosecution, and its stated reason for dismissing the case with prejudice was that the state's request to dismiss the case without prejudice was made the day of trial.