Case Details
- Judge(s)
- Hendrickson
- Status
- Published
- Procedural Posture
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The appellate court affirmed the trial court's denial of defendant's motion to dismiss a protection order violation charge, finding the complaint was valid despite not being reviewed by a reviewing official as required by statute.
Excerpt
The trial court erred in denying appellant's motion to dismiss a private citizen complaint charging appellant with violating a protection order as appellant timely challenged a defect in the complaint and institution of the prosecution under Crim.R. 12(C)(1) and (2). The private citizen complainant failed to file an affidavit with a "reviewing official," that is a judge, prosecuting attorney, or magistrate, for a determination of whether a complaint should be filed, as required by R.C. 2935.09(D).
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