Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McCauley

Court of Appeals of Ohio, Fifth District, Licking

June 16, 2017

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

         Appeal from the Licking County Court of Common Pleas, Case No. 15 CR 00550

          For Plaintiff-Appellee Licking County Prosecutor's Office

          For Defendant-Appellant STEPHEN T. WOLFE Wolfe Law Group, LLC

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J.

          OPINION

          Baldwin, J.

         {¶1} Defendant-appellant Dennis McCauley appeals his conviction and sentence entered by the Licking County Court of Common Pleas.

         {¶2} Appellant was arrested on August 13, 2015. On August 27, 2015, the Licking County Grand Jury indicted appellant on one count of breaking and entering in violation of R.C. 2911.13(A), a felony of the fifth degree. Appellant, on August 31, 2015, filed a demand for discovery and a Request for a Bill of Particulars. Appellant was released on September 1, 2015.

         {¶3} At his arraignment on October 6, 2015, appellant entered a plea of not guilty. After appellant failed to appear for a jury trial on December 17, 2015, a capias was issued for his arrest. Appellant was arrested on February 3, 2016. The trial court, pursuant to a Judgment Entry filed on February 28, 2016, appointed new counsel for appellant. Appellant's counsel filed a demand for discovery on March 8, 2016 and a Request for a Bill of Particulars.

         {¶4} Appellant, on May 9, 2016, filed a pro se Motion to Dismiss on speedy trial grounds.

         {¶5} Thereafter, on July 25, 2016, appellant withdrew his former not guilty plea and entered a plea of guilty to breaking and entering. As memorialized in a Judgment filed on the same day, appellant was sentenced to twelve months in prison. The trial court also ordered that appellant's sentence be served concurrently with appellant's sentence in another Licking County case. A Nunc Pro Tunc Judgment was filed on August 1, 2016.

         {¶6} Pursuant to a Judgment Entry filed on January 3, 2017, this Court granted appellant's Motion for Delayed Appeal.

          {¶7} Appellate counsel for appellant has filed a Motion to Withdraw and a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) indicating that the within appeal is wholly frivolous. Counsel for appellant has raised two potential assignments of error. Appellant was given an opportunity to file a brief raising additional assignments of error, but none was filed.

         {¶8} APPELLANT WAS NOT BROUGHT TO TRIAL WITHIN THE STATUTORILY REQUIRED TIME PURSUANT TO R.C. 2945.71 (C)(2).

         {¶9} APPELLANT WAS PREJUDICED BY INEFFECTIVE ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.