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State v. McCauley

Court of Appeals of Ohio, Fifth District, Licking

May 2, 2017

STATE OF OHIO Plaintiff-Appellee
v.
DENNIS L. MCCAULEY Defendant-Appellant

         Appeal from the Licking County Court of Common Pleas, Case No. 16 CR 105

          For Plaintiff-Appellee: BILL HAYES LICKING COUNTY PROSECUTOR

          For Defendant-Appellant: STEPHEN T. WOLFE

          Hon. Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Delaney, P.J.

         {¶1} Defendant-Appellant Dennis L. McCauley appeals the June 7, 2016 sentencing entry of the Licking County Court of Common Pleas.

         FACTS AND PROCEDURAL HISTORY

         {¶2} On February 3, 2016, a Newark Police Department officer arrested Defendant-Appellant Dennis L. McCauley on an outstanding felony warrant. Once the officer informed McCauley he was under arrest, McCauley was handcuffed and the officer began to search McCauley's backpack incident to arrest. During the search, McCauley ran away, jumped off a concrete divider, and continued to run. The officer gave chase and was able to apprehend McCauley a short distance later.

         {¶3} During the search of McCauley's backpack, officers located numerous syringes typically used for drugs.

         {¶4} On February 18, 2016, the Licking County Grand Jury returned a two-count indictment against McCauley. McCauley was charged with one count of escape in violation of R.C. 2921.34(A)(1)(C)(2)(b), a felony of the third-degree, and one count of possession of drug abuse instruments in violation of R.C. 2925.12(A)(C), a misdemeanor of the second-degree. McCauley entered pleas of not guilty. He remained in jail during the pendency of the case.

         {¶5} McCauley requested discovery on March 8, 2016. The State responded on March 11, 2016. Trial was originally set for May 3, 2016. On April 25, 2016, McCauley requested a continuance of the trial date and waived his rights to a speedy trial. The trial court granted the motion to continue and set the trial for June 7, 2016.

          {¶6} On May 9, 2016, McCauley filed a pro se motion to dismiss. McCauley contended his statutory and constitutional rights to a speedy trial were violated. The trial court overruled his motion on May 12, 2016. The trial court found that accepting the general proposition that McCauley should be brought to trial within 90 days, the speedy trial time was extended by tolling events pursuant to case law and R.C. 2945.72.

         {¶7} McCauley withdrew his not guilty pleas on June 7, 2016. He entered pleas of guilty to both counts in the indictment. The trial court sentenced McCauley to 12 months in prison on Count One and 90 days in jail on Count Two. The terms were ordered to run concurrently. The trial court gave McCauley 110 days of jail time credit.

         {¶8} On November 14, 2016, McCauley sent the trial court a handwritten letter claiming speedy trial violations and ineffective assistance of counsel. The trial court deemed McCauley's November 14, 2016 letter to be a notice of appeal. On ...


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