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State v. Saffell

Supreme Court of Ohio
Feb 3, 1988
35 Ohio St. 3d 90 (Ohio 1988)

Summary

holding that reasonableness should be determined on a case-by-case basis

Summary of this case from State v. Heater

Opinion

No. 86-786

Decided February 3, 1988

Criminal law — Speedy trial statute — R.C. 2945.71 — Continuance because of vacationing arresting officer not unreasonable, when.

APPEAL from the Court of Appeals for Tuscarawas County.

On April 22, 1985, defendant-appellee, Nancy A. Saffell, was arrested by an officer of the Ohio Highway Patrol for operating a motor vehicle while under the influence of alcohol (an alleged violation of R.C. 4511.19). Several days later, on April 26, 1985, the defendant filed a plea of not guilty, and shortly thereafter, defendant's driving privileges were suspended. On May 1, 1985, a bench trial for defendant was scheduled to take place on June 28, 1985. However, on May 6, 1985, the plaintiff-appellant, the state of Ohio, moved for a continuance of the scheduled trial due to the fact that the arresting officer would be on vacation from June 6 through July 9, 1985. Upon the state's motion, the New Philadelphia Municipal Court by journal entry continued the trial to July 24, 1985. This journal entry noted that the trial was "* * * continued by virtue of Section 2945.72(H) Ohio Revised Code, for good cause shown."

On July 23, 1985, the day prior to defendant's scheduled trial, defense counsel filed a motion to dismiss the charges brought against defendant on the ground that defendant was not brought to trial within the ninety-day time period established in R.C. 2945.71. After a short hearing, the trial court overruled the motion to dismiss. Defendant then changed her not guilty plea to one of no contest. Subsequently, defendant was found guilty and was sentenced accordingly.

Upon appeal, the court of appeals reversed defendant's conviction in a split decision. The appellate court majority held that R.C. 2945.71 dictates that defendant should have been brought to trial on or before July 21, 1985, in order to satisfy the ninety-day statutory speedy trial time limitation. The court found that under the totality of the circumstances, it was unreasonable to schedule the defendant's trial after the ninety-day time period simply because the trial judge would be unavailable during the week of July 15, 1985. It was the majority's opinion that there was ample time for the trial court to schedule defendant's trial within the time frame set forth in R.C. 2945.71 and/or to request the assignment of a visiting judge to hear the case.

The dissenting appellate judge opined that the trial date set was the product of a reasonable continuance given the totality of the circumstances present in this particular record.

The cause is now before this court upon the allowance of a motion to certify the record.

Richard L. Fox, assistant city prosecutor, for appellant.

Mary E. Wade, joint county public defender, for appellee.


R.C. 2945.72 provides in relevant part that: "* * * the time within which an accused must be brought to trial * * * may be extended only by * * * (H) * * * the period of any reasonable continuance granted other than upon the accused's own motion."

While R.C. 2945.71 prescribes that the instant defendant be brought to trial within ninety days of her arrest, the above-quoted statutory section permits a continuance beyond the ninety-day limit so long as the continuance is reasonable. In addition, precedent requires that such a continuance be necessary under the circumstances of the case. Aurora v. Patrick (1980), 61 Ohio St.2d 107, 15 O.O. 3d 150, 399 N.E.2d 1220.

It is contended by the state that the continuance granted in the cause sub judice was necessary based on the fact that the arresting officer was to be on vacation on the date originally set for defendant's trial. Nevertheless, the appellate court majority opined that while a continuance based on such a rationale was reasonable, the date set herein beyond the ninety-day period of R.C. 2945.71 was unreasonable in light of the fact that a trial for defendant could have been held prior to the expiration of the ninety-day period, but for the fact that the trial judge would be unavailable during the week of July 15, 1985. The court of appeals noted that the trial judge did not request the services of a visiting judge from the Chief Justice of the Supreme Court of Ohio pursuant to R.C. 1901.10.

Under the facts of this case, we do not believe that the continuance permitted by the trial judge was unreasonable within the ambit of R.C. 2945.72(H). In cases such as these, it is difficult, if not unwise, to establish a per se rule of what constitutes "reasonableness" beyond the ninety-day stricture of R.C. 2945.71. Invariably, resolution of such a question depends on the peculiar facts and circumstances of a particular case. We hold that since the record affirmatively demonstrates that the continuance was reasonable in light of its necessity or purpose, a continuance setting the trial date beyond the ninety-day limit of R.C. 2945.71 should be permitted in this cause. See State v. Lee (1976), 48 Ohio St.2d 208, 2 O.O. 3d 392, 357 N.E.2d 1095.

Here, the state moved that the trial as originally scheduled be continued based on the fact that the arresting officer would be on vacation at that time. In the journal entry granting the continuance, the reasons for the continuance were specified prior to the expiration of the time limit prescribed in R.C. 2945.71. State v. Mincy (1982), 2 Ohio St.3d 6, 2 OBR 282, 441 N.E.2d 571.

A review of the record developed below indicates that July 24, 1985 was the earliest possible date that could have been set for defendant's trial, other than the week of July 15, 1985 when the trial judge was to be out of town. We do not believe that under such circumstances the trial judge was required to request the assignment of a visiting judge pursuant to R.C. 1901.10, given the fact that the assignment of such visiting judges is primarily and constitutionally within the discretion of the Chief Justice of this court. See Section 5(A), Article IV of the Ohio Constitution.

The record developed below reveals that the continuance and the reasons underlying it were journalized prior to the expiration of the ninety-day statutory time period consistent with the holding in Mincy, supra. In addition, we find that the record affirmatively indicates that the continuance granted a mere three days beyond the ninety-day limitation of R.C. 2945.71 was reasonable under the circumstances. Lastly, we hold that the continuance was necessary given the peculiar facts of the case. Aurora, supra. While under a different fact situation a continuance granted three days beyond the limitation of R.C. 2945.71 may be unreasonable or unnecessary, we do not find such to be the case herein.

Accordingly, the judgment of the court of appeals is reversed, and the conviction rendered by the trial court is hereby reinstated.

Judgment reversed.

MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.

LOCHER, DOUGLAS and H. BROWN, JJ., concur separately.


While I concur in the analysis and opinion of the majority, I feel compelled to address an issue overlooked by the majority. Although the majority correctly reverses the judgment of the court of appeals and reinstates appellee's conviction, I believe the better procedure to be a reinstatement of the conviction and remand to the trial court for possible further proceedings, consistent with our decision in State v. McGettrick (1987), 31 Ohio St.3d 138, 31 OBR 296, 509 N.E.2d 378. I believe the latter procedure more fully protects the rights of the parties, and additionally notifies the parties that we are aware that appellee died during the course of the appeal process.

LOCHER and H. BROWN, JJ., concur in the foregoing concurring opinion.


Summaries of

State v. Saffell

Supreme Court of Ohio
Feb 3, 1988
35 Ohio St. 3d 90 (Ohio 1988)

holding that reasonableness should be determined on a case-by-case basis

Summary of this case from State v. Heater

holding that it was reasonable for the trial court to grant a continuance beyond the ninety-day speedy trial limit based in part on the fact that the arresting officer was to be on vacation on the originally scheduled trial date

Summary of this case from State v. Burdick

finding that delay caused by an arresting officer's unavailability due to the officer's vacation was reasonable and tolled the speedy trial time period

Summary of this case from State v. Wilson

concluding that a continuance due to the arresting officer being on vacation on the original trial date was not unreasonable where the record affirmatively demonstrated that the continuance was a necessity

Summary of this case from State v. Roth

concluding that the record affirmatively demonstrated that a continuance was reasonable in light of its necessity or purpose

Summary of this case from State v. Roth

arresting officer on vacation

Summary of this case from State v. Travers

noting the use of a visiting judge as a potential tool when continuing a case due to scheduling conflicts

Summary of this case from State v. Phillips

In Saffell, the Ohio Supreme Court held a continuance based on the arresting officer's unavailability on the trial date was not unreasonable.

Summary of this case from State v. Johnson

In Saffell, supra, at 91-92, the court determined that a continuance granted to the state was not unreasonable where the arresting officer was to be on vacation during the dates that the case was scheduled for trial, and "the reasons for the continuance were specified [in the journal entry] prior to the expiration of the time limit prescribed in R.C. 2945.71."

Summary of this case from State v. Willis

In Saffell, the Ohio Supreme Court concluded that the trial court reasonably granted a continuance under R.C. 2945.72(H) when the arresting police officer would be on vacation when the trial was to proceed and the continuance was granted prior to the expiration of the speedy trial time.

Summary of this case from State v. Jones

arresting officer on vacation

Summary of this case from State v. Sedlak

arresting officer on vacation

Summary of this case from State v. Strauss

arresting officer on vacation

Summary of this case from State v. Ignat

noting court would be out of town during earliest available date after witness's availability

Summary of this case from State v. Crockett

In State v. Saffell (1998), 35 Ohio St.3d 90, 91-92, the Ohio Supreme Court held that a continuance based upon an arresting officer's vacation is reasonable.

Summary of this case from State v. Jones

In State v. Saffell (1998), 35 Ohio St.3d 90, 518 N.E.2d 934, the Ohio Supreme Court held that "it is difficult, if not unwise, to establish a per se rule of what constitutes `reasonableness'" when determining the length of a continuance for speedy trial purposes.

Summary of this case from State v. Monroe

In Saffell, the Ohio Supreme Court found a delay of twenty-six days due to the unavailability of a witness to be a reasonable delay.

Summary of this case from STATE v. CLOW

In Saffell, the trial court granted a motion for continuance because the arresting officer was on vacation until July 9.

Summary of this case from State v. Daugherty
Case details for

State v. Saffell

Case Details

Full title:THE STATE OF OHIO, APPELLANT, v. SAFFELL, APPELLEE

Court:Supreme Court of Ohio

Date published: Feb 3, 1988

Citations

35 Ohio St. 3d 90 (Ohio 1988)
518 N.E.2d 934

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