Volume 245 — North Eastern Reporter, Third Series

The trial court erred by failing to dismiss appellant's aggravated trafficking in drugs charge on grounds that her statutory right to a speedy trial was violated. Judgment vacated.

CRIMINAL LAW - operating a vehicle under the influence horse-drawn buggy vehicle R.C. 4511.19 weaving on road first impression device drawn on roads statutory language support determination public-policy safety considerations support determination Amish buggy is a vehicle for purposes of R.C. 4511.19.

The juvenile court did not abuse its discretion in finding that appellant, who was 19.5 years old at the time of the court's decision, was not amenable to rehabilitation in the juvenile system. The factors in favor of bindover to adult court set forth in R.C. 2152.12(D) outweighed the factors against bindover set forth in R.C. 2152.12(E). In weighing the factors, the trial court was entitled to find the state's expert's opinion more credible than the defense's expert's opinion on amenability.

R.C. Chapter 2711, arbitration, reconsideration, jurisdiction. The trial court lacked jurisdiction to reconsider a final appealable order denying a motion to compel arbitration and stay the proceedings.

MOOTNESS — THEFT — R.C. 2913.02(A)(1) — EVIDENCE — SUFFICIENY — CONSENT: Defendant's appeal from a misdemeanor conviction was not moot where, although defendant paid restitution as ordered and the trial court terminated defendant's community control, the record did not affirmatively demonstrate that the trial court had remitted or that defendant had paid the previously-imposed court costs, fines, or fees, and unpaid costs, fines, or fees prevent a misdemeanor appeal from becoming moot. Defendant's theft conviction under R.C. 2913.02(A)(1) was not supported by sufficient evidence where the property owner testified that the owner permitted defendant to leave with the property and the state therefore failed to establish that defendant obtained control over the property without the owner's consent.

Burglary theft day-of-trial plea deviation agreed, recommended sentence reasonable expectation. - Appellant's day-of-trial plea reversed because the trial court deviated from the agreed, recommended sentence without giving the appellant, who had a reasonable expectation of receiving the agreed, recommended sentence, an opportunity to withdraw his plea after the trial court determined to deviate.

Damages award pursuant to default judgment affirmed. Although the certified mail return receipt for service of the summons and complaint contained illegible markings in the recipient signature and address fields, a presumption of valid service arose from compliance with the civil rules and appellant failed to present any record evidence to rebut that presumption. The trial court magistrate did not abuse his discretion in determining the amount of damages to be awarded. Appellant did not object to the magistrate's decision, thereby waiving all but plain error on appeal and failed to argue or demonstrate plain error.

POST-SENTENCE MOTION TO WITHDRAW GUILTY PLEA CRIM.R. 32.1 RES JUDICATA KNOWING, INTELLIGENT, AND VOLUNTARY PLEA CRIM.R. 11 JUDICIAL RELEASE REAGAN TOKES LAW. The trial court did not abuse its discretion by denying defendant-appellant's post-sentence motions to withdraw his guilty pleas.