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State v. Monk

Court of Appeals of Ohio, Fifth District

June 14, 2013

STATE OF OHIO, Plaintiff-Appellant
v.
DENISE N. MONK, Defendant-Appellee

Appeal from the Knox County Court of Common Pleas, Case No. 12CR02-0018.

For Plaintiff-Appellant: JOHN C. THATCHER KNOX CO. PROSECUTOR AARON ALLARD.

For Defendant-Appellee: JEFFERY M. BLOSSE.

Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

DELANEY, J.

{¶1} Appellant State of Ohio appeals from the August 14, 2012 judgment entry of the Knox County Court of Common Pleas granting appellee Denise N. Monk's motion to dismiss her indictment upon one count of failure to provide change of address pursuant to R.C. 2950.05, a felony of the first degree.

FACTS AND PROCEDURAL HISTORY

{¶2} A statement of the facts underlying appellee's original criminal conviction is not necessary to our resolution of this appeal. Appellee was convicted of rape, felonious sexual penetration, and gross sexual imposition on November 18, 1996. On September 8, 2006, she was brought before the trial court and advised of her duties to register as a sexually-oriented offender pursuant to Megan's Law.

{¶3} On February 6, 2012, appellee was charged by indictment with failing to provide a change of address pursuant to R.C. 2950.05, a felony of the first degree. Appellee entered a plea of not guilty and filed a motion to dismiss the indictment. After an oral hearing, the trial court granted appellee's motion on August 14, 2012, finding "[Appellee] cannot be charged with a more serious felony than a felony of the third degree as stated in the Court's Judgment Entry of September 11, 2006, and the indictment in this case is dismissed."

{¶4} Appellant appeals from the judgment entry of the trial court granting appellee's motion to dismiss.

ASSIGNMENT OF ERROR

{¶5} Appellant raises one Assignment of Error:

{ΒΆ6} "I. THE TRIAL COURT ERRED IN GRANTING DEFENDANT'S MOTION FOR DISMISSAL, SUCH RULING BEING CONTRARY TO EXISTING LAW AND/OR A ...


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