State v. Busek

Citations

• 2019 Ohio 1527

Syllabus

Right to speedy trial R.C. 2945.71(C)(2) 270 days motion to dismiss on speedy trial grounds subsequent charges same facts. Judgment affirmed. -- Trial court's grant of defendant's motion to dismiss on speedy trial grounds was proper. Here, defendant was cited and pled guilty to possession of drug paraphernalia in municipal court. At the time of the traffic stop, the highway patrolman identified the pills as oxycodone (Schedule II) and the defendant admitted that the pills were Percocet. Defendant was subsequently charged in common pleas court with drug possession almost a year later. Because the subsequent drug possession charge arose from facts that related to the original charge, the speedy trial clock for the underlying charges herein arose when the defendant was indicted in municipal court and her statutory speedy trial rights were violated when she was later indicted with drug possession.