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State v. Purefoy

Court of Appeals of Ohio, Ninth District, Summit

January 11, 2017

STATE OF OHIO Appellee
v.
NIGEL B. PUREFOY Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 2014 09 2742

          PAUL GRANT, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          CARR, Presiding Judge.

         {¶1} Appellant, Nigel Purefoy, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms in part and reverses in part.

         I.

         {¶2} On September 23, 2014, the Summit County Grand Jury indicted Purefoy on two counts of aggravated burglary and three counts of aggravated robbery. All five counts in the indictment were accompanied by a firearm specification, and the final count of aggravated robbery also contained a criminal forfeiture specification. Purefoy pleaded not guilty to the charges at arraignment.

         {¶3} Purefoy subsequently pleaded guilty to three counts of aggravated robbery. Shortly thereafter, however, Purefoy filed a handwritten motion to withdraw his guilty pleas. The trial court granted Purefoy's motion to withdraw his guilty pleas and appointed new counsel.

         {¶4} On April 20, 2015, Purefoy filed numerous motions, including a motion to suppress statements he made to police during an interview at the Barberton Police Department. After holding a hearing on the motion to suppress, the trial court issued a journal entry denying the motion on June 29, 2015.

         {¶5} Prior to trial, Purefoy filed a motion to dismiss the indictment on speedy trial grounds. The trial court denied the motion. The matter proceeded to a jury trial and Purefoy was convicted of all of the counts in the indictment, as well as the attendant specifications. The trial court sentenced Purefoy to a total of 18 years imprisonment.

         {¶6} On appeal, Purefoy raises three assignments of error. This Court rearranges Purefoy's assignments of error to facilitate review.

         II.

ASSIGNMENT OF ERROR II
THE TRIAL COURT VIOLATED MR. PUREFOY'S RIGHT TO A SPEEDY TRIAL IN VIOLATION [OF] HIS RIGHTS UNDER THE 6TH AND 14TH AMENDMENT TO THE U.S. CONSTITUTION AND ARTICLE I, ...

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