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State of Ohio v. Shawn M. Smith

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
SHAWN M. SMITH DEFENDANT-APPELLANT



CHARACTER OF PROCEEDING: Criminal Appeal from Cambridge Municipal Case No. 10CRB00736

The opinion of the court was delivered by: Edwards, J.

Cite as State v. Smith,

JUDGES: W. Scott Gwin, P.J. Sheila G. Farmer, J. Julie A. Edwards, J.

OPINION

JUDGMENT: Affirmed

{¶1} Defendant-appellant, Shawn Smith, appeals from the denial by the Cambridge Municipal Court of his Motion to Dismiss on speedy trial grounds. Plaintiffappellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On June 25, 2010, a complaint was filed in Cambridge Municipal Court charging appellant with criminal child enticement in violation of R.C. 2905.05, a misdemeanor of the first degree. After a warrant was issued, appellant was arrested on July 2, 2010. At his arraignment on July 6, 2010, appellant entered a plea of not guilty and a bond of $2,500.00 was set. Appellant failed to post bond and remained in jail. A trial was scheduled for August 4, 2010.

{¶3} On July 7, 2010, Attorney William Nicholson was appointed as counsel for appellant. On July 9, 2010, he filed a motion for a pretrial conference and a demand for discovery. Appellee on July 15, 2010, filed its response to appellant's discovery request.

{¶4} Thereafter, on July 20, 2010, appellant filed a Motion for a Personal Recognizance Bond. Pursuant to a Journal Entry filed on July 21, 2010, such motion was denied. A pretrial was held on July 26, 2010.

{¶5} On August 3, 2010, appellant filed a motion for a continuance of the August 4, 2010 trial date on the basis that both the defense counsel and the Assistant Law Director needed more discovery. As memorialized in an Entry filed on August 3, 2010, the trial was continued to August 13, 2010.

{¶6} Subsequently, on August 11, 2010, appellant filed a request for a jury trial. Pursuant to a Journal Entry filed on August 12, 2010, the case was continued for a jury trial on October 14, 2010.

{¶7} Via a Journal Entry filed on August 13, 2010, the trial court judge, who was Attorney Nicholson's brother, recused himself and ordered the Clerk to secure the appointment of a visiting Judge to hear the case. On August 26, 2010, appellant again filed a Motion for a Personal Recognizance Bond. The motion was denied as memorialized in an Entry filed on September 15, 2010.

{ΒΆ8} On October 4, 2010, appellant filed a Motion to Dismiss on speedy trial grounds. Such motion was denied pursuant to an Entry filed on October 12, 2010. Thereafter, on October 14, 2010, appellant entered a plea of no contest to the charge and was found guilty. Appellant was sentenced to 180 days in jail with 76 days suspended ...


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