Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
Nos. CR-09-524053-A, CR-16-604841-A
ATTORNEY FOR APPELLANT Gregory T. Stralka
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor BY: Melissa Riley Assistant Prosecuting
BEFORE: Celebrezze, J., McCormack, P.J., and Laster Mays, J.
JOURNAL ENTRY AND OPINION
D. CELEBREZZE, JR., JUDGE.
This cause came to be heard upon the accelerated calendar
pursuant to App.R. 11.1 and Loc.R. 11.1.
Defendant-appellant, Richard Barnes ("Barnes"),
brings this appeal challenging his conviction for sexual
battery. Specifically, Barnes argues that he was denied the
effective assistance of counsel because his trial counsel
failed to file a motion to dismiss based on preindictment
delay. After a thorough review of the record and law, this
Factual and Procedural History
The instant appeal arose from incidents that occurred between
Barnes and a former coworker, J.K. The two had worked together
at a nursing home in North Royalton, Ohio. J.K. alleged that
Barnes raped her on two separate occasions between 2006 and
On March 30, 2016, in Cuyahoga C.P. No. CR-16-604841-A, the
Cuyahoga County Grand Jury returned an eight-count indictment
charging Barnes with (1) rape, in violation of R.C.
2907.02(A)(2); (2) rape, in violation of 2907.02(A)(1)(c);
(3) kidnapping, in violation of R.C. 2905.01(A)(4); (4) rape,
in violation of R.C. 2907.02(A)(2); (5) rape, in violation of
R.C. 2907.02(A)(1)(c); (6) gross sexual imposition, in
violation of R.C. 2907.05(A)(1); (7) gross sexual imposition,
in violation of R.C. 2907.05(A)(5); and (8) kidnapping, in
violation of R.C. 2905.01(A)(4). All eight counts contained a
sexually violent predator specification; Counts 3 and 8 also
contained a sexual motivation specification. The indictment
alleged that the offenses were committed between January 1,
2006, and November 13, 2007. Barnes pled not guilty to the
indictment during his April 15, 2016 arraignment.
The parties reached a plea agreement under which the state
amended Count 1 to sexual battery, a third-degree felony in
violation of R.C. 2907.03(A)(1), and deleted the underlying
sexually violent predator specification. On June 28, 2016,
Barnes pled guilty to sexual battery as amended in Count 1.
The remaining counts and specifications were nolled.
On August 2, 2016, the trial court sentenced Barnes to a
prison term of three years. The trial court designated Barnes
a habitual sex offender and advised him of his reporting
requirements under R.C. Chapter 2950.
Barnes, acting pro se, filed notices of appeal on September
1, 2016 (8th Dist. Cuyahoga No. 104910) and September 2, 2016
(8th Dist. Cuyahoga No. 104913). On September 9, 2016, this
court, sua sponte, dismissed App. No. 104913 as a duplicate
of App. No. 104910. On May 15, 2017, this court appointed
appellate counsel to represent Barnes.
In this appeal, Barnes challenges his sexual battery