In this case, the trial court's ruling on appellant's pretrial motion allowed the case to continue and, thus, was dispositive of this action. Therefore, based on the above, we conclude that appellant did not waive his right to appeal the venue issue in this case when he pled no contest to the charges against him. Having so concluded, we next address the merits of appellant's assignment of error. In his single assignment of error, appellant asserts that venue was not proper in the Franklin County Municipal Court because the offenses were committed in Delaware County. Thus, according to appellant, the trial court was required to dismiss this case because appellee failed to establish venue.
Venue refers to the appropriate place of a criminal prosecution within the state of Ohio.
Venue is a fact that must be proven beyond a reasonable doubt in criminal prosecutions unless the issue is waived by the defendant. Appellant relies on Section 10, Article I of the Ohio Constitution to assert that venue was not proper in the Franklin County Municipal Court, which is located in Franklin County. Thus, Section 10, Article I of the Ohio Constitution does not compel us to conclude that venue was improper in the Franklin County Municipal Court. R.C. 2901.12 defines venue for criminal prosecutions. We initially conclude that the Franklin County Municipal Court had jurisdiction over the subject matter of this case.