State v. Snyder

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[Cite as State v. Snyder, 2013-Ohio-5570.] COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J. -vsCase No. 13CA16 ELIZABETH SNYDER Defendant-Appellant OPINION CHARACTER OF PROCEEDING: Appeal from the Knox County Court of Common Pleas, Case No. 12CR08-0119 JUDGMENT: Reversed and Vacated DATE OF JUDGMENT ENTRY: December 16, 2013 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant JOHN C. THATCHER Knox County Prosecutor JOSEPH D. SAKS Assistant Prosecuting Attorney Knox County Prosecutor s Office 117 East High Street, Suite 234 Mount Vernon, Ohio 43050 JOHN A. DANKOVICH Knox County Public Defender One Public Square Mount Vernon, Ohio 43050 Knox County, Case No. 13CA16 2 Hoffman, P.J. {¶1} Defendant-appellant Elizabeth Snyder appeals her conviction on one count of Attempted Corrupting Another with Drugs, in violation of R.C. 2923.02(A) and R.C. 2925.02(A)(3), following her plea of no contest. The state of Ohio is Appellee. {¶2} for opiates. Appellant is the birth mother of L.S. L.S. was born live and tested positive Appellant admitted to using opiates while pregnant.1 The sole issue presented herein is whether L.S. is another for purposes of the charged offense. {¶3} This court recently addressed this exact issue in State v. Bales, 5th Dist. No. 13CA5, 2013-Ohio-4957. Upon review, we adhere to the rationale expressed in Bales and sustain Appellant s sole assignment of error (albeit not on the authority of State v. Gray). {¶4} The judgment of the Knox County Court of Common Pleas is reversed and Appellant s conviction is vacated. By: Hoffman, P.J. Delaney, J. and Baldwin, J. concur ___________________________________ HON. WILLIAM B. HOFFMAN ___________________________________ HON. PATRICIA A. DELANEY ___________________________________ HON. CRAIG R. BALDWIN 1 A fuller rendition of the facts is unnecessary for our resolution of this appeal. Knox County, Case No. 13CA16 3 IN THE COURT OF APPEALS FOR KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsELIZABETH SNYDER Defendant-Appellant : : : : : : : : : JUDGMENT ENTRY Case No. 13CA16 For the reason stated in our accompanying Opinion, the judgment of the Knox County Court of Common Pleas is reversed and Appellant s conviction is vacated. Costs waived. ___________________________________ HON. WILLIAM B. HOFFMAN ___________________________________ HON. PATRICIA A. DELANEY ___________________________________ HON. CRAIG R. BALDWIN

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