# State v. Barnett

> Ohio Court of Appeals · April 22, 1991 · 73 Ohio App. 3d 244

URL: https://www.frixlaw.com/law-library/cases/3751029

## Case

- **Full name:** The STATE of Ohio, Appellee, v. BARNETT, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** April 22, 1991
- **Citations:** 73 Ohio App. 3d 244; 596 N.E.2d 1101; 1991 Ohio App. LEXIS 1822
- **Precedential status:** Published
- **Opinion:** Concurrence by Wolff
- **Judges:** Grady, Brogan, Wolff
- **Cited by:** 235 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3751029

## Opinion text

Wolff, Judge,
concurring in part.
I am not prepared to hold that Barnett’s plea of guilty waived his right to claim that his trial counsel was ineffective in not moving to dismiss on statutory speedy trial grounds.
I am willing, however, to presume that the trial court afforded Barnett a timely trial date in the absence of an affirmative demonstration from the record that the trial court failed to do so. For instance, the record fails to reflect that Barnett was entitled to the benefit of R.C. 2945.721(E), the “three for one” provision that applies only if a defendant is held in jail
solely
on the pending charge. See
State v. Fairbanks
(1972), 32 Ohio St.2d 34, 38-39 , 61 O.O.2d 241, 244 , 289 N.E.2d 352, 356 .
Barnett may attempt to establish in proceedings for postconviction relief that the trial court did not provide him with a timely trial date, and argue that his counsel was ineffective in failing to move for dismissal. On the record presently before this court, however, I join with my colleagues in overruling the first assignment of error.
Except as just stated, I concur with Judge Grady’s opinion, and in the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3751029. Public record. Not legal advice.