State v. Wegner ( 2011 )

[Cite as State v. Wegner, 2011-Ohio-4712.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF MEDINA )
STATE OF OHIO C.A. No. 10CA0118-M
Appellee
v. APPEAL FROM JUDGMENT
ENTERED IN THE
MITCHELL B. WEGNER COURT OF COMMON PLEAS
COUNTY OF MEDINA, OHIO
Appellant CASE No. 09-CR-0020
DECISION AND JOURNAL ENTRY
Dated: September 19, 2011
WHITMORE, Judge.
{¶1} Defendant-Appellant, Mitchell Wegner, appeals from his conviction in the
Medina County Court of Common Pleas. This Court affirms.
I
{¶2} On January 22, 2009, a grand jury indicted Wegner on one count of possession of
marijuana, in violation of R.C. 2925.11(A)(C)(3)(c), and two attendant forfeiture specifications.
After a period of motion practice, competency evaluations, and continuances, Wegner filed a
motion to dismiss based on an alleged speedy trial violation. On September 13, 2010, the trial
court denied Wegner’s motion, and Wegner changed his original plea. Wegner pleaded guilty to
possession of marijuana. The court sentenced Wegner to community control and ordered that his
property be forfeited.
{¶3} Wegner now appeals from his conviction and raises one assignment of error for
our review.
2
II
Assignment of Error
“THE TRIAL COURT’S CONVICTION OF APPELLANT SHOULD BE
OVERTURNED AS HIS RIGHT TO A SPEEDY TRIAL, PURSUANT
TO THE UNITED STATES CONSTITUTION, THE OHIO
CONSTITUTION AND §2945.71 AND §2941.401 OF THE OHIO
REVISED CODE, WAS VIOLATED.”
{¶4} In his sole assignment of error, Wegner argues that the trial court erred by
refusing to grant his motion to dismiss based on speedy trial grounds.
{¶5} “The right of an accused to a speedy trial is recognized by the Constitutions of
both the United States and the state of Ohio.” State v. Pachay (1980), 64 Ohio St.2d 218, 219.
Ohio’s speedy trial statute provides that a person charged with a felony must be brought to trial
within two hundred seventy days of his arrest. R.C. 2945.71(C)(2). Yet, “[t]the Supreme Court
of Ohio has held that ‘where an accused has entered a plea of guilty he waives his right to raise
the denial of his right to a speedy trial on appeal.’” State v. Dyson, 9th Dist. No. 09CA0055,
2010-Ohio-6452, at ¶9, quoting State v. Kelley (1991), 57 Ohio St.3d 127, 130. Wegner waived
his speedy trial rights by pleading guilty. Dyson at ¶9. Accordingly, his sole assignment of error
is overruled.
III
{¶6} Wegner’s sole assignment of error is overruled. The judgment of the Medina
County Court of Common Pleas is affirmed.
Judgment affirmed.
3
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Medina, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
BETH WHITMORE
FOR THE COURT
CARR, P.J.
DICKINSON, J.
CONCUR
APPEARANCES:
KENNETH C. STAIDUHAR, Attorney at Law, for Appellant.
DEAN HOLMAN, Prosecuting Attorney, and MATTHEW KERN, Assistant Prosecuting
Attorney, for Appellee.