State v. Swazey

Citations

• 174 Ohio St. 3d 534
• 238 N.E.3d 9
• 2023 Ohio 4627

Syllabus

Criminal law—Crim.R. 12(C)(2)—A trial court may consider facts beyond four corners of indictment to rule on merits of a defendant's pretrial motion to dismiss under Crim.R. 12(C)(2) when motion challenges whether law set forth in indictment applies to defendant—Defendant who pleaded guilty did not waive constitutional right to challenge on appeal trial court's dismissal of his Crim.R. 12(C)(2) motion to dismiss challenging state's ability to prosecute—Court of appeals' judgment affirmed and cause remanded to trial court.