State v. White, Unpublished Decision (3-17-1999)

Plaintiff-appellant, State of Ohio, appeals a Columbiana County Common Pleas Court decision directing it to select which of two similar counts in an indictment to pursue against defendant-appellee, Calvin White.

On May 18, 1995, appellee reported the theft of his 1989 Chrysler New Yorker to the East Liverpool Police Department. The police found the vehicle several hours later, two blocks from where it allegedly had been stolen. The vehicle had been burned and was a total loss.

On May 22, 1995, appellee submitted an "AFFIDAVIT OF VEHICLE THEFT" to his insurer, Progressive Insurance Company…