State v. Rivers, Unpublished Decision (5-20-2004)

JOURNAL ENTRY AND OPINION

{¶ 1} Plaintiff-appellant state of Ohio appeals from the decision of the Cuyahoga County Court of Common Pleas which granted a motion to dismiss in favor of the defendant-appellee Desiree Rivers ("Rivers"). Finding error in the proceedings below, we reverse and remand

{¶ 2} The following facts give rise to this appeal. On March 26, 2003, the Cuyahoga County Grand Jury returned a one-count indictment against Rivers charging aggravated burglary in violation of R.C. 2911.11, a felony of the first degree. At arraignment, Rivers pled not guilty to the indictment. On April…