State v. Gullette

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[Cite as State v. Gullette, 2010-Ohio-3112.] IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellant : C.A. CASE NO. 23567 vs. : T.C. CASE NO. 08CR2770 MICHAEL V. GULLETTE : Defendant-Appellee : . . . . . . . . . DECISION AND ENTRY Rendered on the 2nd day of July, 2010. . . . . . . . . . PER CURIAM: {ΒΆ 1} This appeal was brought by the State of Ohio from a Crim.R. 12(C)(1) order of the court of common pleas that dismissed an indictment on the authority of our holding in State v. Williams, 179 Ohio App.3d 584, 2008-Ohio-6245. On June 8, 2010, our holding in Williams was reversed by The Supreme Court of Ohio. Williams, Slip opinion No. 2010-Ohio-2453. We State v. therefore necessarily reverse the judgment of the court of common pleas on the authority of the Supreme Court s holding, and remand the cause for further proceedings. So Ordered. 2 ______________________________________ MIKE FAIN, JUDGE ______________________________________ THOMAS J. GRADY, JUDGE ______________________________________ JEFFREY E. FROELICH, JUDGE Copies mailed to: Carley J. Ingram, Esq. Asst. Pros. Attorney P.O. Box 972 Dayton, OH 45422 Dennis L. Bailey, Esq. 117 S. Main Street Suite 400 Dayton, OH 45422 Hon. Michael T. Hall

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