City of Cleveland v. Mosquito

The plaintiff-appellant, the prosecution, seeks reversal of a decision by the trial court to sua sponte enter a nolle prosequi in this diversion program case. At the time of referral, the prosecutor had made both an oral and written objection. Plaintiff raises three assignments of error which will be dealt with together since they are related. 1 Defendant-appellee, Sandra Mosquito, filed no brief.

On May 21, 1982, two fourth degree misdemeanor complaints were issued against Sandra Mosquito for selling misbranded drugs on two separate occasions, May 19 and May 20, 1982, in violation of R.C.…