State v. Shoopman

Citations

• 2017 Ohio 2612

Syllabus

The trial court did not err in overruling defendant's motion to dismiss a charge of rape of a child under the age of 13, on the basis of pre-indictment delay by the State. Defendant was required to show actual prejudice to obtain a dismissal on that basis, and his assertion that he might have been able to serve his sentence on the rape concurrently with other convictions in another state if he had been convicted sooner was speculative. Moreover, the trial court reasonably credited the State's explanation for the delay. Judgment affirmed.