State v. Dixon

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[Cite as State v. Dixon, 2006-Ohio-1584.] IN THE COURT OF APPEALS FOR GREENE COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. Case No. 2005-CA-47 vs. : T.C. Case No. 2005-CR-0091 JASON ADAM DIXON : : (Criminal Appeal from Common Pleas Court) Defendant-Appellee : ........... OPINION Rendered on the 31st day of March , 2006. ........... WILLIAM F. SCHENCK, Prosecuting Attorney, By: ELIZABETH A. ELLIS, Assistant Prosecutor, Atty. Reg. #0074332, 61 Greene Street, Xenia, Ohio 45385 Attorneys for Plaintiff-Appellant DAVID R. MILES, Atty. Reg. #0013841, 125 W. Main Street, Fairborn, Ohio 45324 Attorney for Defendant-Appellee ............. PER CURIAM: {¶ 1} The State of Ohio appeals from the trial court s dismissal of Jason Dixon s indictment for felonious assault. The victim of the alleged assault was Jessica Roth, Dixon s live-in girlfriend. The trial court found that R.C. 2919.25 was unconstitutional as a result of the recently enacted Marriage Amendment. The assault occurred on January 23, 2005. The Amendment was effective on December 2, 2004. {¶ 2} We recently held that R.C. 2919.25 is unconstitutional as it relates to 2 cohabiting partners pursuant to the Marriage Amendment, Article XV, Sec. 11 of the Ohio Constitution. See State v. Karen Ward, Greene App. No. 05-CA-75. {¶ 3} The appellant s assignment of error is Overruled. {¶ 4} The judgment of the trial court is Affirmed. ........... BROGAN, J. and FAIN, J., concur. DONOVAN, J., dissenting: I disagree for reasons set forth in my dissent in State v. Ward. Copies mailed to: Elizabeth A. Ellis David R. Miles Hon. Stephen Wolaver

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