Persichino v. Konteh, Unpublished Decision (9-5-2001)
Persichino v. Konteh, Unpublished Decision (9-5-2001)
Opinion of the Court
Petitioner states he was arrested on September 9, 2000 and arraigned on September 11, 2000 in the Toledo Municipal Court. On September 21, 2000, petitioner was indicted for robbery. Petitioner entered a plea to the indictment, and on March 14, 2001, he was convicted of robbery and sentenced to two years in prison. Petitioner now contends that the Lucas County Court of Common Pleas was without jurisdiction to sentence him to prison because he was never provided a preliminary hearing prior to being indicted.
We disagree. "Once an indictment has been returned, a plea to such indictment waives any right the accused has to a preliminary hearing."State v. Parker (Sept. 30, 1999), Lucas App. No. L-99-1008, citing Statev. Pugh (1978),
Richard W. Knepper, J., Mark L. Pietrykowski, P. J., JUDGE CONCUR.
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