State v. Hawkins

The defendant appeals from the denial of his motion to dismiss the indictment charging him with grand theft and a penalty-enhancing specification. He claims that the specification subjects him to double jeopardy because it alleges that he was previously convicted of an offense of violence.

The ruling which the defendant challenges here is not a final appealable order. R.C. 2953.02; cf. Middletown v. Jackson (1983), 8 Ohio App. 3d 431, 8 OBR 556, 457 N.E. 2d 898. This is not a case in which the defendant claims that he was previously in jeopardy and the state improperly threatens to try him…