Kettering v. Mosher

Citations

• 2019 Ohio 1549

Syllabus

The trial court erred in denying defendant's motion to dismiss on speedy trial grounds. In July 2011, the City initially sent the criminal complaint and summons to defendant by certified mail, alleging a tax offense on or about April 25, 2011. After the summons and complaint were returned unclaimed in December 2011, the City made no additional efforts to serve defendant within the statute of limitations. Defendant was not arraigned until February 28, 2018. The fact that the prosecutor believed that defendant was aware of the criminal complaint and that the parties had reached an anticipated settlement of the charge did not relieve the City of its obligation to serve the defendant, if it wished to preserve its ability to prosecute defendant in the event that the anticipated settlement fell through. Judgment reversed and conviction vacated.