State v. Oliver, 90880 (1-22-2009)

JOURNAL ENTRY AND OPINION

{¶ 1} Defendant-appellant, Clifton Oliver, appeals from his conviction and sentence for three counts of retaliation in violation of R.C. 2921.05. For the reasons that follow, we vacate his conviction and sentence.

{¶ 2} According to the record, defendant is a Marine and veteran of the Gulf War. In 2002, defendant was indicted by a Cuyahoga County Grand Jury on multiple counts related to an incident that transpired at Jacobs Field. The State dismissed the charges against him in that case without prejudice when the prosecutor deemed the evidence insufficient to proceed…