COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71468 STATE OF OHIO, : ACCELERATED DOCKET : : JOURNAL ENTRY Plaintiff-Appellee : : AND v. : : OPINION DENNIS CALO, : : PER CURIAM : Defendant-Appellant : DATE OF ANNOUNCEMENT OF DECISION: MAY 1, 1997 CHARACTER OF PROCEEDING: Civil appeal from Common Pleas Court Case No. CR-186387 JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For plaintiff-appellee: L. Christopher Frey Assistant County Prosecutor The Justice Center - 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: Dennis Calo, Pro Se No. A179-579 Lorain Correctional Institute 2075 S. Avon-Belden Road Grafton, Ohio 44044 -2- PER CURIAM: Appellant's first assignment of error is overruled. R.C. 2941.03 requires no greater specificity in the indictment than was present. R.C. 2941.06 (Form of indictment). State v. Morgan (Sept. 5, 1996), Cuyahoga App. No. 70407, unreported. Further, R.C. 2941.29 provides in part: No indictment or information shall be quashed, * * * nor shall any conviction be set aside or reversed on account of any defect in form or substance of the indictment or information, unless the objection to such indictment * * * is made prior to the commencement of trial * * *. Accordingly, appellant's first assignment of error lacks merit. Similarly, appellant's second assignment of error is overruled. Appellant's conclusion that the trial court lacked subject matter jurisdiction is incorrect. The indictment was sufficient. Judgment affirmed. -3- It is ordered that appellee recover of appellant its costs herein taxed. The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. DAVID T. MATIA, PRESIDING JUDGE JOSEPH J.NAHRA, JUDGE LEO M. SPELLACY, JUDGE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App.R. 22(E). See, also, S.Ct.Prac.R. II, Section 2(A)(1). .