.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
STATE OF OHIO C.A. Nos. 28229
28230
Appellee 28231
v.
ANTHONY HARRIS APPEAL FROM JUDGMENT
ENTERED IN THE
Appellant COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
CASE Nos. CR 2015 07 2055
CR 2015 07 2238
CR 2015 09 2924
DECISION AND JOURNAL ENTRY
Dated: March 29, 2017
CARR, Judge.
{¶1} Appellant, Anthony Harris, appeals the judgment of the Summit County Court of
Common Pleas. This Court affirms.
I.
{¶2} In 2015, the Summit County Grand Jury handed down three separate indictments
charging Harris with a bevy of criminal offenses. Harris initially pleaded not guilty to all of the
charges. Prior to the commencement of trial, Harris moved to have all of the charges against him
dismissed on speedy trial grounds pursuant to R.C. 2945.71, et seq. The trial court denied the
motion to dismiss on the basis that the State complied with the statutory timeframe and the
frequent continuances in the matter were attributable to the defendant. Harris eventually
withdrew his pleas of not guilty and pleaded guilty to a total of nine counts of forgery. The
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remaining charges against Harris were dismissed. The trial court imposed a six-month prison
term for each offense and ordered that all of the sentences in the three cases be served
consecutively to each other. The sentencing entries for all three cases were journalized on April
8, 2016.
{¶3} On appeal, Harris raises one assignment of error.
II.
ASSIGNMENT OF ERROR
THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT
FAILED TO DISMISS THE CHARGES AGAINST MR. HARRIS ON SPEEDY
TRIAL GROUNDS[.]
{¶4} In his sole assignment of error, Harris contends that the trial court erred by not
dismissing the charges against him on statutory speedy trial grounds. This Court disagrees.
{¶5} R.C. 2945.71 sets forth the statutory speedy trial right in Ohio. The Supreme
Court of Ohio has long held that “[a] plea of guilty waives a defendant’s right to challenge his or
her conviction on statutory speedy trial grounds[.]” State v. Kelley,
(1991), at
paragraph one of the syllabus. Even where a criminal defendant filed a motion to dismiss on
statutory speedy trial grounds in the trial court, the defendant waives the right to raise that issue
on appeal by entering a plea of guilty to the charges against him. State v. Dyson, 9th Dist.
Wayne No. 09CA0055,
2010-Ohio-6452
, ¶ 8-9. In this case, Harris pleaded guilty to numerous
criminal charges after the trial court denied his motion to dismiss. Harris’ sole argument on
appeal is that the trial court should have dismissed the charges against him pursuant to R.C.
2945.71, et seq. As Harris waived this argument by pleading guilty, he cannot prevail on his
assignment of error. See Dyson at ¶ 8-9.
{¶6} Harris’ assignment of error is overruled.
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III.
{¶7} Harris’ assignment of error is overruled. The judgment of the Summit County
Court of Common Pleas is affirmed.
Judgment affirmed.
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 Summit, 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(C). 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.
DONNA J. CARR
FOR THE COURT
HENSAL, P. J.
CALLAHAN, J.
CONCUR.
APPEARANCES:
GREGORY A. PRICE, Attorney at Law, for Appellant.
SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant
Prosecuting Attorney, for Appellee.
