State v. Stallings, Unpublished Decision (3-24-2005)
State v. Stallings, Unpublished Decision (3-24-2005)
Opinion of the Court
{¶ 2} Defendant was indicted on one count of receiving stolen property in violation of R.C.
{¶ 3} Defendant now appeals the denial of his motion to dismiss in this sole assignment of error:
{¶ 4} "I. The trial court erred and denied the appellant due process of law by failing to properly rule on his motion to dismiss based on violations of his right to a speedy trial."
{¶ 5} Defendant maintains the trial court erred in denying his motion to dismiss based on speedy trial rights and by failing to state its essential findings on the record. However, during trial defendant retracted his plea of not guilty and entered a guilty plea. The Ohio Supreme Court has held that guilty plea waives a defendant's right to challenge his or her conviction on statutory speedy trial grounds. SeeState v. King,
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Corrigan, J., Concurs. Blackmon, A.J., Concurs in judgment only.
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