Monday, July 8, 2013


Original Article

Diigo Post Excerpt:
{¶ 1} This appeal is brought by the State of Ohio pursuant to R.C. 2945.67 from a final order dismissing an indictment.

{¶ 2} Defendant was charged by indictment in Case No. 10CR501 with a violation of R.C. 2950.05(F). That section prohibits registered sex offender from failing to notify the sheriff of a change in any of the classes of address in R.C. 2950.05(A) which the offender has registered with the sheriff. Defendant was released on his own recognizance, on condition that he appear for all proceedings in that case.

{¶ 3} Defendant failed to appear at a pretrial hearing scheduled for September 30, 2010. He was indicted in Case No. 10CR0684 for violation of R.C. 2937.29 and 2937.99, by recklessly failing to appear in court as was required by a condition of his recognizance bond.

{¶ 4} The trial court subsequently dismissed the failure to notify charge in Case No. 10CR501, finding that the indictment in that case was insufficient to invoke the court's jurisdiction. Defendant then moved to dismiss the indictment in the present case charging the failure to appear offense. The trial court granted Defendant's motion, finding that "an indictment or conviction for failure to appear cannot legally stand where the Court never had jurisdiction in the underlying case in which the defendant allegedly failed to appear."

{¶ 5} The State appealed the order of dismissal.

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