Ohio OVI Law: State v. Hamblin (speedy trial)

State v. Hamblin, 2010-Ohio-1620, 23189 (OHCA2)

Defendant-appellant Michael appeals from his conviction and sentence, following a bench trial, for violating a civil protection order, in violation of R.C. 2919.27(B). contends that the trial court erred by overruling his motion to dismiss, based on statutory speedy trial grounds.

After signing the time waiver, the charge was dismissed.  Subsequently, the charge  was refiled and Hamblin filed a motion to dismiss on speedy trial grounds. His motion was denied.

The Second District Court of Appeals held that “That waiver remained in effect up to the time that Hamblin filed his motion to dismiss on speedy trial grounds. The time allowed to bring Hamblin to trial under R.C. 2945.71 had not expired when Hamblin waived his speedy trial rights.”

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