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State v. Earl

Court of Appeals of Ohio, Ninth District

August 5, 2013

STATE OF OHIO Appellant
v.
COREY J. EARL Appellee

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 10CR080050

DENNIS P. WILL, Prosecuting Attorney, and NATASHA RUIZ GUERRIERI, Assistant Prosecuting Attorney, for Appellant.

MICHAEL DUFF, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

CARLA MOORE, Presiding Judge.

{¶1} Plaintiff-Appellant, the State of Ohio, appeals from the October 31, 2012 judgment of the Lorain County Court of Common Pleas. This Court affirms.

I.

{¶2} In 2010, Mr. Earl was indicted for forgery, in violation of RC. 2913.31(A)(3), a felony of the fifth degree, and passing bad checks, in violation of RC. 2913.11(B), a misdemeanor of the first degree. After the completion of discovery, Mr. Earl filed a motion for acceptance into the Lorain County Court of Common Pleas' Pretrial Diversion Program.

{¶3} After a preliminary investigation, the trial court held a hearing on Mr. Earl's motion. During the hearing, Mr. Earl entered a plea of guilty to the charges in the indictment. Over the State's objection, the trial court refused to enter a finding of guilt at that time, placed Mr. Earl in the court's pretrial diversion program, and stayed the case. Approximately one year later, Mr. Earl successfully completed the court's pretrial diversion program, and the trial court dismissed the case.

{¶4} The State appealed, raising two assignments of error for our consideration. For purposes of facilitating our discussion, we will consolidate the State's assignments of error.

II.

ASSIGNMENT OF ERROR I
THE TRIAL COURT IMPROPERLY DISMISSED MR. EARL'S INDICTMENT UPON COMPLETION OF THE LORAIN COUNTY COURT OF COMMON PLEAS DIVERSION PROGRAM AS ONLY A PROSECUTING ATTORNEY HAS THE AUTHORITY TO ESTABLISH A PRE-TRIAL DIVERSION PROGRAM.
ASSIGNMENT OF ERROR II
THE TRIAL COURT ERRED IN STRUCTURING THE LORAIN COUNTY COURT OF COMMON PLEAS DIVERSION PROGRAM TO REMOVE ONE OF THE ESSENTIAL PARTIES TO THE CASE AND TO VIOLATE THE ...

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