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City of Gahanna v. Young

Court of Appeals of Ohio, Tenth District

July 11, 2013

City of Gahanna, Plaintiff-Appellee,
v.
Michael J. Young, Defendant-Appellant.

APPEAL from the Franklin County Municipal Court (M.C. No. 2012 TRD 170910

Ray Mularski, City of Gahanna Prosecuting Attorney, and David M. Kennedy, for appellee.

Michael J. Young, pro se.

DECISION

CONNOR, J.

{¶ 1} Defendant-appellant, Michael J. Young ("appellant"), appeals from a judgment of the Franklin County Municipal Court denying his motion to dismiss for failure to commence his trial within the time constraints of the speedy trial provisions of R.C. 2945.71 et seq., and finding him guilty of speeding in violation of Gahanna City Code 333.03(B). Because (1) the trial court properly denied appellant's motion to dismiss, as the court commenced trial within the time parameters of R.C. 2945.71 et seq., and (2) the trial court's judgment finding appellant guilty of speeding is not against the manifest weight of the evidence, we affirm.

I. HISTORY

{¶ 2} On July 23, 2012, Officer Darren Price of the Gahanna Police Department issued a citation to appellant charging him with speeding for driving 40 miles per hour in a 25 mile per hour zone in violation of Gahanna City Code 333.03(B). The complaint against appellant was filed in Gahanna's Mayor's Court on July 24, 2012, arraignment was scheduled for August 2, 2012, and trial was set for August 16, 2012.

{¶ 3} At arraignment, appellant entered a not guilty plea and demanded that his case be tried within speedy trial time constraints. On the scheduled trial date of August 16, 2012, appellant requested a court reporter. Because the mayor's court is not a court of record, a court reporter was not available. Accordingly, a judgment entry was signed on August 16, 2012, transferring the matter to the Franklin County Municipal Court pursuant to R.C. 1905.032. Appellant was ordered to appear in the Franklin County Municipal Court on August 31, 2012 at 9:00 a.m.

{¶ 4} On August 22, 2012, the transferred mayor's court case was entered on the docket of the Franklin County Municipal Court, and the next day appellant filed a motion to dismiss pursuant to R.C. 2945.71(A). Appellant entered a not guilty plea in the Franklin County Municipal Court on August 31, 2012, and again demanded that his case be tried within the time constraints set forth in R.C. 2945.71(A) et seq. The matter was scheduled for trial on September 13, 2012. On the day of trial, the court heard arguments concerning appellant's motion to dismiss. Concluding the matter was timely, pursuant to R.C. 1905.032, the court denied the motion. After hearing testimony from Officer Price and appellant, the court determined appellant violated Gahanna City Code 333.03(B) and fined appellant $150 plus costs.

II. ASSIGNMENTS OF ERROR

{¶ 5} Appellant assigns two errors:

[I.] The Franklin County Municipal Court trial judge's failure to grant appellant's motion for dismissal of the complaint and case per the provisions as set forth in section 2945.71 (A) of the Ohio revised code as to time allowed for a speedy trial for a minor misdemeanor.
[II.] A finding of guilty by the Franklin county municipal court trial judge upon the complaint and testimony, wherein the testimony of appellant and appellee contradicted each other, and because of no further proof by appellee or the challenge by appellee of appellant's defense, that the testimony did ...

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