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96 Ohio App. 3d 513

645 N.E.2d 745

State v. Depue

Ohio Court of Appeals

Decided June 29, 1994

Ohio Court of Appeals · decided 1994-06-29

Key passage — most relied on by later courts

“` * * * When new and additional charges arise from the same facts as did the original charge and the state knew of such facts at the time of the initial indictment, the time within which trial is to begin on the additional charge is subject to the same statutory limitations period that is applied to the original charge.'”

quoted by 1 later decision, including State v. Radabaugh, Unpublished Decision (1-16-2007)

Relies on State v. Adams · State v. Bonarrigo · 9 Ohio App. 3d 216 - State v. Clay

Good law ✅— No negative treatment on recordhow we know

Decided 1994-06-29

How this case has been cited

Cited by 70 later decisions — most recently August 2025 · most notably 184 Ohio App. 3d 675 - State v. Pilgrim (2009), 143 Ohio App. 3d 232 - State v. High (2001)

70 state decisions

4601994200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1I agree with the principal opinion that appellee did not bring appellant to trial within the statutory speedy trial time. InState v. Wood (1992), 81 Ohio App.3d 489, 492, 611 N.E.2d 418,420, the court wrote:

¶2"We agree with the holding in State v. Clay, supra, that when new and additional charges arise from the same facts as did the original charge and the state knew of such facts at the time of the initial indictment, the time within which trial is to begin on the additional charge is subject to the same statutory limitations period that is applied to the original charge. Any other interpretation would clearly frustrate the purposes of the speedy trial statute. The state does not suggest there were any undiscovered facts relating to the events which led to the appellant's arrest."

¶3In the instant case, there is no reason the state could not have charged appellant with improper handling of firearms in a motor vehicle when it initially charged appellant with driving under the influence and carrying a concealed weapon. The state knew of the facts surrounding the firearms at the time it lodged the driving under the influence charge and the carrying a concealed weapon charge. See Wood, supra; State v. Adams (1989),43 Ohio St.3d 67, 538 N.E.2d 1025; State v. DeLong (1990),70 Ohio App.3d 402, 591 N.E.2d 345; State v. Clay (1983), 9 Ohio App.3d 216, 9 OBR 366, 459 N.E.2d 609; State v. Bonarrigo (1980), 62 Ohio St.2d 7, 16 O.O.3d 4, 402 N.E.2d 530. Thus, the time that elapsed during the pendency of the driving under the influence charge must be included in the speedy trial time calculation for the improper handling of firearms. Appellee did not bring appellant to trial within the statutory speedy trial time. *520

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