Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Municipal Court, Case No. 12-TRC-7283
Plaintiff-Appellee BRIAN M. ZETS DAVID C. MOSER Isaac Wiles
Burkholder & Teetor, LLC
Defendant-Appellant MICHAEL S. PROBST Probst Law Office, Inc.
John W. Wise, P.J. Hon. William B. Hoffman, J. Hon. Craig R.
Baldwin, J. Judges.
Defendant-appellant Derrell L. Duncan appeals the March 23,
2017 Judgment Entry entered by the Licking County Municipal
Court, which denied his motion to dismiss. Plaintiff-appellee
is the state of Ohio.
OF THE FACTS AND CASE
On March 13, 2012, Appellant was arrested and subsequently
charged with operating a motor vehicle while intoxicated, in
violation of R.C. 4511.19; driving under suspension - license
forfeiture, in violation of R.C. 4510.111; and a tail light
and illumination of rear license plate offense, in violation
of R.C. 4513.05, in Licking County Municipal Court Case No.
12 TRC 2817 ("Case No. 12 TRC 2817"). Appellant
appeared for arraignment on March 20, 2012, and entered a
plea of not guilty to the charge. The trial court scheduled a
bench trial for April 17, 2012. On April 5, 2012, Appellant
executed an Affidavit of Indigency and filed a motion
requesting the appointment of counsel. The trial court
granted Appellant's request and appointed Attorney
Adrienne Larimer on April 9, 2012.
On April 12, 2012, Appellant filed a demand for discovery, a
request for a bill of particulars, and a jury demand.
Thereafter, on April 16, 2012, Appellant filed a motion
requesting a continuance of the bench trial. The trial court
granted the continuance, and scheduled a final pre-trial for
June 1, 2012, and a bench trial on June 4, 2012. On May 15,
2012, the state filed a motion to continue due to the
unavailability of the prosecutor. The trial court granted the
continuance, and scheduled a jury trial for June 18, 2012.
The state responded to Appellant's request for discovery
on June 7, 2012. On June 15, 2017, the state filed a motion
to dismiss after realizing the citation failed to include a
punishable offense due to a scrivener's error. The trial
court granted the motion, and dismissed the case on June 18,
After an agreement with Appellant's counsel, the state
filed a new citation, correctly citing Appellant with OVI, in
violation of R.C. 4511.19(A)(1)(a), in Licking Municipal
Court Case No. 12 TRC 7283 ("Case No. 12 TRC
7283"). Appellant requested a continuance of his June
27, 2012 arraignment. Appellant failed to appear on the
rescheduled arraignment date of July 11, 2012. The trial
court issued a bench warrant.
Appellant appeared before the trial court over four years
later on August 12, 2016, and entered a plea of not guilty.
The trial court scheduled the matter for trial on October 17,
2016. Appellant filed a demand for discovery and a motion to
continue on October 5, 2016. Appellant filed a waiver of his
right to a speedy trial on the same date. The trial court
scheduled the matter for November 17, 2016. On October 24,
2016, the state filed a response to Appellant's discovery
and a reciprocal demand for discovery. The trial court
continued the trial until January 5, 2017.
Upon Appellant's motion, the trial court again continued
the trial and indicated it would reschedule the matter for a
change of plea hearing and sentencing at a future date. On
February 10, 2017, Appellant filed a motion for work release.
Appellant filed a motion to dismiss on speedy trial grounds
on March 1, 2017, which the trial court denied via Judgment
Entry filed March 23, 2017.
The trial court granted Appellant's request for work
release on April 19, 2017. On the same day, the trial court
scheduled a change of plea hearing for May 3, 2017. Appellant
filed a motion for continuance on May 8, 2017. On June 9,
2017, Appellant appeared before the trial court and changed
his original plea of not guilty to a plea of no contest. The
trial court accepted Appellant's plea, found him guilty,
and sentenced him to 180 days in jail with 170 days
suspended. The trial court also suspended Appellant's
driver's license for 2 years. Appellant requested a stay
of sentence pending his appeal of the March 23, 2017 Judgment
Entry. The trial court granted the request and stayed
Appellant's sentence pending this Court's disposition
of the instant appeal.
It is from the March 23, 2017 Judgment Entry Appellant
appeals, raising as his sole assignment of error:
TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION TO
DISMISS THE CHARGES AGAINST HIM FOR A VIOLATION OF HIS
STATUTORY SPEEDY TRIAL RIGHTS ...