State v. Pendergrass

*121 {¶ 1} Plaintiff-appellant, the State of Ohio, appeals from the trial court's dismissal of a re-indictment issued on September 13, 2017, against Defendant-appellee, Gerald Pendergrass. Raising two assignments of error, the State argues that the trial court misconstrued R.C. 2907.04(B)(4) and, in the alternative, that the trial court erred by dismissing the re-indictment in its entirety, rather than allowing the case to proceed on lesser included offenses. We find that the trial court erred by dismissing the re-indictment pursuant to R.C. 2907.04(B)(4) ; therefore, we sustain the State's first…