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STATE v. BAKER

No. CA2011-08-088.

2012 Ohio 887

STATE OF OHIO, Plaintiff-Appellant, v. TIMOTHY RAY BAKER, Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Warren County.

March 5, 2012.

Attorney(s) appearing for the Case

David P. Fornshell, Warren County Prosecuting Attorney, Michael Greer, 500 Justice Drive, Lebanon, Ohio 45036, for plaintiff-appellant.

Jeffery E. Richards, 147 Miami Street, P.O. Box 536, Waynesville, Ohio 45068, for defendant-appellee.

OPINION

PIPER, J.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals a decision of the Warren County Court of Common Pleas, to apply a certain test when determining if defendant-appellee, Timothy Baker, engaged in a pattern of corrupt activity. While we agree with the state that the trial court's decision was erroneous, principles of double jeopardy preclude retrial so that the decision of the trial court is affirmed.

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