Opinion

State v. Counts

  • 170 Ohio App. 3d 339
  • 2007 Ohio 117
  • 867 N.E.2d 432
Court
Ohio Court of Appeals
Filed
Jan 7, 2007
Status
Published
Author
Hoffman
On the bench
Boggins, Edwards, Hoffman
Cited by
3 cases

The opinion

*349

Hoffman, Presiding Judge,

concurring.

{¶ 92} I concur in the majority’s analysis and disposition of appellant’s second and third assignments of error.

{¶ 93} As to appellant’s first assignment of error, I would not universally extend the Ohio Supreme Court’s rationale in

Bauer

to cases involving a defendant’s failure to appear at a pretrial. Failing to appear at a pretrial status conference is significantly different than failing to appear at a scheduled trial. In the case sub judice, appellant’s failure to appear at the pretrial did not necessitate rescheduling a trial date. Unlike the situation in

Bauer,

no trial date had been set as of the date appellant failed to appear at pretrial.

{¶ 94} Nevertheless, I concur in overruling this assignment of error based on the invited-error doctrine. As noted by the majority, at the hearing on appellant’s motion to dismiss, appellant’s attorney conceded that the speedy-trial time clock started anew upon appellant’s rearrest on August 28, 2005. Accordingly, appellant cannot now assert error in failing to count earlier than August 28, 2005.

1

1

. Appellant does not separately assign an ineffective-assistance-of-counsel claim. My opinion should not be read to imply that I would find such a claim meritorious had it been raised under the facts of this case, because I find the

Pearl

case relied upon by appellant to be factually distinguishable.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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