State v. Saunders

491 N.E.2d 313, 23 Ohio App. 3d 69, 23 Ohio B. 132, 1984 Ohio App. LEXIS 12700
CourtOhio Court of Appeals
DecidedDecember 27, 1984
Docket83AP-963
StatusPublished
Cited by24 cases

This text of 491 N.E.2d 313 (State v. Saunders) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Saunders, 491 N.E.2d 313, 23 Ohio App. 3d 69, 23 Ohio B. 132, 1984 Ohio App. LEXIS 12700 (Ohio Ct. App. 1984).

Opinion

Strausbaugh, J.

This is an appeal by defendant, Robert L. Saunders, from a conviction in the Court of Common Pleas of Franklin County for the offense of aggravated robbery in violation of R.C. 2911.01. Defendant brings the following two assignments of error:

“ 1. The trial court erred in overruling appellant’s motion to dismiss for lack of a speedy trial.

“2. The trial court erred to appellant’s prejudice in allowing evidence to be admitted against appellant which violated the rules against hearsay and inference on inference and which violated appellant’s right to confront the witnesses against him, as guaranteed by the Sixth and Fourteenth Amendments to the Constitution of the United States and Article I, Section 10, of the Constitution of the State of Ohio.”

With respect to the first assignment of error, defendant was originally indicted on October 27, 1982 for a violation of R.C. 2911.01. The trial was originally set for January 11, 1983; however, defendant requested a continuance, whereupon, the trial was rescheduled for March 15, 1983. At the conclusion of the trial, the trial court declared a mistrial because the jurors were unable to reach an agreement. A new trial was set for April 12, 1983; however, the trial was continued until *70 June 15, 1983 in accordance with an entry signed by defendant’s attorney who waived defendant’s right to a speedy trial. Thereafter, the trial was continued two additional times to July 13, 1983 and, thereafter, to September 12, 1983. On August 19, 1983, the defendant filed a pro se motion to dismiss the indictment, asserting the violation of his right to a speedy trial under R.C. 2945.71. On September 2, 1983, defendant’s attorney filed a similar motion. Defendant argues that although all the continuances herein were consented to by defense counsel, at some point the constitutional right to a speedy trial must take precedence. Defendant claims that the delay in this case was too long and that his speedy trial rights were violated.

The record indicates that sixty-seven days elapsed between defendant’s arrest and January 11, 1983 when defendant requested a continuance and waived the time until March 15, 1983. Each day in the interim counts only as one day inasmuch as defendant was serving a prison sentence on an unrelated charge. The Supreme Court in State v. MacDonald (1976), 48 Ohio St. 2d 66, held in the first paragraph of the syllabus that R.C. 2945.71(D), now (E), is applicable only to those defendants held in jail in lieu of bail solely on the pending charge. With respect to the retrial, the Supreme Court in State v. Fanning (1982), 1 Ohio St. 3d 19, 21, stated:

“The trial court correctly held that R.C. 2945.71 is not applicable to retrials. It is noteworthy that the statute does not include any reference whatever to retrials. The standard to be applied, therefore, is basically reasonableness under federal and state constitutions. * *

The record indicates that defendant, through his counsel, agreed to continue the case to June 15, 1983 and thereby waived his right to a speedy trial. Defendant is bound by his counsel’s action. See State v. McBreen (1978), 54 Ohio St. 2d 315 [8 O.O.3d 302]. The continuance of the case from June 15,1983 until July 13, 1983 was for unrevealed reasons; however, on July 14, 1983 defendant’s counsel signed an entry continuing the case until September 12, 1983, waiving defendant’s right to a speedy trial. There is no indication in the record that defendant suffered any prejudice by the continuances, which were agreed to by his defense counsel. A review of the transcript of proceedings indicates no undue lapses of memory by witnesses either for the defense or the prosecution. Defendant’s first assignment of error is overruled.

With respect to the second assignment of error, the record indicates that Barbara Conley Cordell, manager of the Clean Machine, Fabric Care Center, 1130 East Main Street, testified that at 7:30 a.m., on September 22, 1982, she opened the laundromat; that a dark-complexioned black man whom she described as six-feet one or two, in his twenties, and whom she had seen previously in the laundromat, came in and proceeded to wash clothes; that his hair was a cropped “Afro”; that he had rather small, sleepy-type eyes; that he kept staring at her to the extent that she went out on the floor and asked if he was having a problem with his washing machine and did he need her help, to which he responded that he did not and that everything was fine; that the man whom she identified as the defendant was with a woman who came in and out of the laundry several times and spoke to the defendant; that at about 9 a.m., Tom Eghen, the owner of the laundromat, came in to collect money from the machines as was his weekly custom; that Eghen put the money, which she estimated as between six or seven hundred dollars in coins, in two bank bags and left the bags in the back room, while he checked her accounting and read the *71 electric and water meters; and that Eghen also observed the defendant looking at her and commented that he thought the guy had a crush on her and that the defendant made him nervous staring at her. Later, Cordell testified that she was confronted at gun point by the defendant, who had the bank bags; that he ordered her to lie down on the floor and not try to touch the alarm or he would blow her brains out; and that she refused to get on the floor saying that she would be just as dead standing up as on the floor and that she was not going to get on the floor, whereupon the defendant said, “The hell with it,” and walked out. She stated that she then called the police, and, upon their arrival, gave them a jacket, which the defendant had left in a dryer, and a cleaning ticket bearing the name of a man from Dayton who frequently came in and looked like the defendant. Later, the police showed Cordell two photographic arrays, one in color and one in black and white. She identified defendant’s photograph in the array whigh was in color and identified Robert Slone’s photograph in the black and white array as the man from Dayton whose cleaning ticket she had pulled.

Lynn Hines testified that she was the assistant manager of the Key DeVille Motel on East Main Street and identified a registration card dated September 22, 1982, as being signed by a guest, Robert L. Saunders. The parties stipulated that the signature thereon was defendant’s. She further testified that on the evening of September 22, 1982, as she was coming to work she observed a black couple going upstairs with a laundry basket to room fifteen, registered to Saunders; and that later, the woman with Saunders came into her office and had a conversation which was objected to as being inadmissible hearsay and an inference on an inference. The trial court admitted the statement based upon the case of State v. Lewis (1970), 22 Ohio St. 2d 125 [51 O.O.2d 209]. The trial court inquired whether there was some instruction that should be given the jury, stating that he did not want to emphasize any problems. Defense counsel stated that she did not see anything to tell the jury. The question objected to was:

“Q. THE REPORTER: ‘When she came into the office, what occurred then?’

“A. She asked if I could use some spare change and I asked if it was wrapped.

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Cite This Page — Counsel Stack

Bluebook (online)
491 N.E.2d 313, 23 Ohio App. 3d 69, 23 Ohio B. 132, 1984 Ohio App. LEXIS 12700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-saunders-ohioctapp-1984.