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STATE v. HOLZAPFEL

Nos. 10AP-17, 10AP-18

2010 Ohio 2856

State of Ohio, Plaintiff-Appellant, v. Frank J. Holzapfel, Defendant-Appellee. State of Ohio, Plaintiff-Appellant, v. Frank J. Holzapfel, Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on June 22, 2010.

Attorney(s) appearing for the Case

Richard C. Pfeiffer, Jr., City Attorney, Lara N. Baker, City Prosecutor, Melanie R. Tobias and Orly Ahroni, for appellant.

Richard Cline & Co., LLC, and Richard A. Cline, for appellee.

DECISION

CONNOR, J.

{¶1} Plaintiff-appellant, State of Ohio ("the State"), filed a motion for leave to appeal pursuant to App.R. 5(C), R.C. 2505.02(B)(3), 2505.03(A), and 2945.67(A). The State seeks leave to appeal a judgment from the Franklin County Municipal Court granting defendant-appellee, Frank J. Holzapfel's ("defendant"), motion for a new trial. Because we find no abuse of discretion, and because the State has failed to sufficiently...

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