State v. Moore, Unpublished Decision (10-29-1999)

I concur because the defendant did not expressly waive his constitutional right to have the aggravated assault charge considered by the grand jury as is guaranteed him under the Ohio Constitution. Had he waived such right, I would have followed the reasoning of State v. Gaughan (1995), 103 Ohio App.3d 169 and affirmed the defendant's conviction.

Copies mailed to:

R. Lynn Nothstine, Esq.

Karen Denise Bradley, Esq.

Hon. Adele M. Riley