State v. Rupe, Unpublished Decision (6-30-1997)
State v. Rupe, Unpublished Decision (6-30-1997)
Opinion of the Court
Defendant-appellant, Richard W. Rupe, was arrested for grand theft on June 13, 1996. He was held without bond on that charge until July 8, 1996, when he was released on his own recognizance. Appellant failed to appear for a pretrial hearing on September 30, 1996, and the case was continued until November 4, 1996. Meanwhile, appellant was arrested on October 11, 1996 on a charge of receiving stolen property and was held solely on that charge until November 4, 1996 when a pretrial hearing was held for both offenses. From November 4, 1996 until a pretrial hearing on January 16, 1997, appellant was incarcerated in lieu of bail on both charges. At the January 16, 1997, hearing appellant moved to dismiss the charges against him on speedy trial grounds. The trial court granted appellant's motion as to the second charge (receiving stolen property), but denied it as to the first charge (grand theft). Appellant pled no contest to grand theft, and was convicted and sentenced. This appeal followed.
The only issue on appeal is whether appellant was brought to trial on the grand theft charge within the two hundred seventy days mandated by the Ohio "speedy trial" statute, R.C.
In general, a "person against whom a charge of felony is pending * * * [s]hall be brought to trial within two hundred seventy days after his arrest. R.C.
In this case, the calculation of time for speedy trial purposes is as follows: While he was first incarcerated in lieu of bail, from his arrest on June 13, 1996, until his release on July 8, 1996, appellant is entitled to seventy-five days of credit (twenty-five actual days times three). R.C.
Appellant, therefore, has accumulated two hundred thirty-two statutory days. Appellant's right to a speedy trial under R.C.
Judgment affirmed.
YOUNG, P.J., and POWELL, J., concur.
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