State v. Curry

Whitmore, Judge.

Pursuant to R.C. 2945.67(A), the state of Ohio has appealed from a judgment of the Summit County Court of Common Pleas. The state has appealed from an order of the trial court that sua sponte withdrew defendant’s guilty plea and dismissed the indictment against defendant for grand theft. This court reverses.

I

On November 12, 1996, defendant Samuel J. Curry, Jr. was indicted on one count of grand theft, a violation of R.C. 2913.02(A)(1) and (A)(3). On December 13, 1996, defendant was accepted into the Summit County Prosecutor’s Office Pretrial Diversion Program (“diversion…