State v. Jones, 22521 (4-17-2009)

OPINION

{¶ 1} The State of Ohio appeals from the dismissal, with prejudice, of a criminal action against defendant-appellee Calvin C. Jones, Jr. The State contends that the trial court abused its discretion by dismissing with, rather than without, prejudice.

{¶ 2} We conclude that, because there is no evidence in the record that Jones's constitutional or statutory rights had been violated, the trial court abused its discretion when it dismissed this action with prejudice. Accordingly, the order of the trial court dismissing this cause with prejudice is modified to be an order dismissing this…