State v. Musarra

Citations

• 2025 Ohio 5058

Syllabus

Criminal law—Venue—Crim.R. 29—R.C. 2945.67(A)—A decision terminating a prosecution based on insufficient evidence of venue is a decision granting a motion to dismiss the indictment, complaint, or information that the State may appeal as of right under R.C. 2945.67(A)—State v. Hampton overruled—Trial court's judgment of acquittal based on insufficient evidence of venue was, in substance, a dismissal of the indictment filed against appellee that the State has a right to appeal under R.C. 2945.67(A)—Court of appeals' judgment dismissing the State's appeal as of right reversed and cause remanded to court of appeals for consideration of the State's appeal as of right—Court of appeals' judgment dismissing the State's discretionary appeal affirmed.