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In re J.Y.

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 21, 2018

IN RE: J.Y. A Minor Child

          Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. DL-17-117646

          ATTORNEYS FOR APPELLANT Michael C. O'Malley Cuyahoga County Prosecutor BY: Frank Romeo Zeleznikar Megan A. Helton Assistant Prosecuting Attorneys The Justice Center

          ATTORNEYS FOR APPELLEE William Livingston J. Michael Murray Berkman, Gordon, Murray & Devan Rachel A. Kopec

          For T.Y. T.Y., pro se

          BEFORE: Jones, J., McCormack, P.J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          LARRY A.JONES, SR, JUDGE

         {¶1} Plaintiff-appellant, the state of Ohio, appeals the trial court's decision to dismiss its complaint against defendant-appellee, J. Y. For the reasons that follow, we affirm.

         {¶2} In 2017, the state filed a complaint against J.Y. alleging him to be a delinquent child in Cuyahoga J.C. No. DL-17-117673. A duplicate complaint was filed under Cuyahoga J.C. No. DL-17-117646. Each complaint charged 15 counts of illegal use of a minor in nudity-oriented material or performance, one count of possessing criminal tools, and included a forfeiture specification.

         {¶3} At the arraignment, the prosecutor advised the court that there were two complaints filed against J.Y. and asked for Case No. DL-17-117646 to be dismissed without prejudice. The prosecutor informed the court that the state's position was that it was necessary to dismiss Case No. DL-17-117646 without prejudice so that the state could proceed on the other case. The court disagreed and dismissed Case No. DL-17-117646 with prejudice.

         {¶4} The state now appeals, filing one assignment of error for our review:

         I. Absent the finding of a statutory or constitutional violation, the juvenile court was without authority to dismiss the instant complaint with prejudice.

         {¶5} As an initial matter, the state and J.Y. disagree about whether the state has a right to appeal the dismissal of its complaint.

         {¶6} R.C. 2945.67 governs appeals by the state and provides:

(A) A prosecuting attorney, village solicitor, city director of law, or the attorney general may appeal as a matter of right any decision of a trial court in a criminal case, or any decision of a juvenile court in a delinquency case, which decision grants a motion to dismiss all or any part of an indictment, complaint, or information, a motion to suppress evidence, or a motion for the return of seized property or grants post conviction relief pursuant to sections 2953.21 to 2953.24 of the Revised Code, and may appeal by leave of the court to which the appeal ...

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