State v. Sanders

Citations

• 2019 Ohio 1524

Syllabus

107253 Speedy trial R.C. 2945.71 tolling of speedy trial time R.C. 2945.72(D), (H) failure to respond to demand for discovery continuance to secure trial attendance of key witness domestic violence R.C. 2919.25(D) enhancing element R.C. 2945.75(A)(2) defect in verdict form strict compliance plain error. Defendant's statutory and constitutional speedy trial rights were not violated. Defendant's failure to respond to state's demand for discovery tolled speedy trial time under R.C. 2945.72. Speedy trial time was also tolled where trial court granted reasonable and necessary continuances of the trial date to secure the attendance of the state's key witness by bench warrant. Where the verdict form did not include a finding that prior conviction for attempted abduction involved a family or household member, the prior conviction did not elevate domestic violence offense to a third-degree felony under R.C. 2919.25(D) and 2945.75(A)(2). Defendant's conviction for domestic violence reduced from a third-degree felony to a fourth-degree felony to conform to the verdict form sentence vacated and case remanded for resentencing on offense as a fourth-degree felony.