State v. Graham

Citations

• 2019 Ohio 4353

Syllabus

Motion to dismiss double jeopardy high-speed chase across multiple counties one single, continuous act Blockburger \same elements\ test failure to comply R.C. 2921.331(B) Crim.R. 48(B). The trial court properly granted defendant-appellee's motion to dismiss based upon double jeopardy. Defendant-appellee was previously convicted and sentenced on R.C. 2921.331(B) in Medina County. A subsequent indictment in Cuyahoga County on the same statute, for the same act, violated the defendant-appellee's double jeopardy rights. The trial court's failure to provide written findings of fact and reasons for dismissal was harmless error because the record identified the basis for the court's decision to grant defendant-appellee's motion to dismiss.