State v. Moore

This is an appeal by the state of Ohio from a judgment entered by the Cuyahoga County Court of Common Pleas expunging a prior criminal conviction of defendant-appellee, Milton W. Moore. The facts giving rise to this appeal are as follows.

On April 13, 1979, appellee was indicted for the murder of Robert Moore in violation of R.C. 2903.02. At his arraignment on April 30, 1979, appellee pled not guilty. Subsequently, on September 14, 1979, appellee retracted his not guilty plea. During the plea proceedings on that date, appellee’s original murder indictment was amended to the lesser included…