State v. Doughman

92 N.E.3d 30, 2017 Ohio 4253
CourtCourt of Appeals of Ohio, Fourth District, Adams County
DecidedJune 6, 2017
DocketNo. 16CA1023
StatusPublished
Cited by5 cases

This text of 92 N.E.3d 30 (State v. Doughman) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Fourth District, Adams County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Doughman, 92 N.E.3d 30, 2017 Ohio 4253 (Ohio Super. Ct. 2017).

Opinion

Harsha, J.

{¶ 1} About five months after a bench trial, the court entered a judgment convicting *32Bradley D. Doughman of domestic violence. Doughman claims that the nearly five-month delay from the trial until the court found him guilty was unreasonable and resulted in a denial of his constitutional rights to due process of law and the administration of justice without denial or delay. As a result he contends the trial court lost jurisdiction to sentence him. He relies initially upon R.C. 2838.11(F), which states that a bench finding shall be announced in open court not more than 48 hours after submission of the case, and Sheffield v. Nieves , 52 Ohio App.2d 187, 188, 368 N.E.2d 1262 (9th Dist. 1976), in support of his claim.

{¶ 2} We reject Doughman's claim for several reasons. First, R.C. 2938.11(F) is directory, not mandatory. Second, Nieves is not binding upon our court and contains little analysis to make it persuasive. And as we have held, the test to determine both a due process and constitutional speedy-trial claim in a post-trial context is the same as the test for pretrial delay. Third, the nearly five-month delay and the lack of reasons to justify the delay do weigh in Doughman's favor. However, he did not assert his right to a timely court ruling, and although he speculates about the court's faded memory, he has not established any prejudice from the delay. Under these circumstances, he has failed to demonstrate a violation of his constitutional speedy-trial or due-process rights.

{¶ 3} Doughman also contends that he is entitled to reversal of his conviction and discharge based on Crim.R. 32(A), which requires that sentence shall be imposed without delay. But he concedes that provision and the cases he cites construing it are inapplicable here because the rule addresses a delay between a conviction and the sentence, which he does not directly contest here.

{¶ 4} Therefore, we overrule Doughman's assignment of error and affirm his conviction.

I. FACTS

{¶ 5} In July 2015, a deputy sheriff filed a complaint in the Adams County Court alleging that Bradley D. Doughman had committed domestic violence in violation of R.C. 2919.25(A) by choking and punching his wife in the nose. After Doughman's arrest he was released from jail on his own recognizance.

{¶ 6} On October 19, 2015, the court held a bench trial on the criminal charge. At the conclusion of the trial the court stated that it would "make a decision and advise the parties." One hundred and forty three days later, on March 10, 2016, the trial court issued a journal entry finding Doughman guilty of domestic violence and ordered a presentence investigation.

{¶ 7} Subsequently, the trial court sentenced Doughman to a suspended jail term, one year of community control, a fine, and court costs.

II. ASSIGNMENT OF ERROR

{¶ 8} Doughman assigns the following error for our review:

THE DELAY OF NEARLY FIVE MONTHS BETWEEN MR. DOUGHMAN'S BENCH TRIAL AND THE COURT FINDING HIM GUILTY WAS UNREASONABLE AND RESULTED IN A DENIAL OF HIS RIGHT TO DUE PROCESS OF LAW UNDER THE CONSTITUTIONS OF THE UNITED STATES AND OHIO, A DIVESTMENT OF THE COURT'S JURISDICTION, AND A VIOLATION OF THE OHIO CONSTITUTION'S ARTICLE I, SECTION 16 GUARANTEE OF THE ADMINISTRATION OF JUSTICE "WITHOUT DENIAL OR DELAY."

*33III. LAW AND ANALYSIS

{¶ 9} In his sole assignment of error Doughman asserts that the nearly five-month delay between his bench trial and the court's finding him guilty violated his constitutional right to due process of law and the state constitutional right to the guarantee of the administration of justice "without denial or delay." As a result, he contends the trial court lost jurisdiction to sentence him. He raises a question of law, which we review de novo.

{¶ 10} Doughman primarily relies upon R.C. 2938.11(F), which provides that "[a]ny finding by the judge or magistrate shall be announced in open court not more than forty-eight hours after submission of the case to him."

{¶ 11} He also cites Sheffield v. Nieves , 52 Ohio App.2d at 188, 368 N.E.2d 1262, where the court interpreted the purpose of this provision to "provide for the prompt disposition of criminal cases where there is a bench trial" and, without citing any additional authority, held that a seven-month delay between the bench trial and the court's finding of guilty amounted to a denial of due process of law based on the concept of speedy trial:

The concept of a speedy trial encompasses within its ambit not only the prompt commencement of the trial, but likewise its prompt disposition once commenced. We hold that a defendant who has rested his case and placed his fate in the hands of the trial judge is entitled to a judgment within a reasonable time thereafter and where that judgment, when it is one of guilt, is not forthcoming until approximately seven months thereafter, he (defendant) has been denied the due process of the law.

{¶ 12} We reject Doughman's claim for several reasons. First, the Supreme Court of Ohio has held that the time requirement in R.C. 2938.11(F)"is directory, not mandatory." State ex rel. Martin v. Mannen , 113 Ohio St.3d 373, 2007-Ohio-2078, 865 N.E.2d 898, ¶ 6, citing State ex rel. Turrin v. Tuscarawas Cty. Court , 5 Ohio St.2d 194, 214 N.E.2d 670 (1966). Although "judges should strive to comply with these directory guidelines," R.C. 2938.11(F) does not provide a clear legal right to the vacation of convictions based on noncompliance with that provision. Martin at ¶ 6.

{¶ 13} Second, Nieves is not binding on our court and whatever persuasive value it retains is greatly diminished by its lack of analysis. In other words, it is a brief conclusory opinion that provides little guidance for our purposes here. For example, in State v. Ayres , 3d Dist. Seneca No. 13-77-39, 1978 WL 215748

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Cite This Page — Counsel Stack

Bluebook (online)
92 N.E.3d 30, 2017 Ohio 4253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-doughman-ohctapp4adams-2017.