State v. Nix

Citations

• 218 N.E.3d 983
• 2023 Ohio 1143

Syllabus

Crim.R. 48(B) dismissal with prejudice abuse of discretion violation of statutory or constitutional right bar further prosecution. Where there was nothing in the record to indicate that any statutory or constitutional right was violated that would bar further prosecution of defendant, trial court abused its discretion in dismissing case with prejudice because it disliked the state's plan to wait until the alleged victim was 18 (when the state could contact alleged victim directly and avoid the intervention of her guardian) to discuss prosecution of the case. Case remanded with instructions to vacate dismissal with prejudice and enter dismissal without prejudice.