State v. Monk

Ann Marie Tracey, Judge.

This matter comes before the court on the motion of defendant Richard Monk for dismissal of Counts 1 through 3 of the indictment on the basis of double jeopardy. The court has been fully advised in the premises, having reviewed the motion, memoranda, indictment, exhibits, evidence and applicable law and having held an evidentiary hearing.

The defendant, Richard Monk, and the complaining witness in these matters, Brandy Monk, are currently husband and wife and are in the midst of divorce proceeding in Hamilton County Domestic Relations Court. On May 6,1993, Mrs. *3Monk…