COURT OF APPEALS Lack of speedy trial reverses conviction

It also was ruled that the docket of the firearms case contained inaccuracies.
WARREN -- The 11th District Court of Appeals reversed the conviction of a man who had a firearm in his motor vehicle because the trial court's record was wrong and it took too long to bring him to trial.
Keith E. McLean had appealed his conviction from the Trumbull County Eastern District Court on one count of parking in a no parking zone, and one count of having a firearm in a motor vehicle, a fourth-degree misdemeanor, after a jury trial May 22, 2003.
McLean's convictions are now reversed. He had been sentenced to 30 days in the county jail, stayed pending his appeal.
McLean was arrested by Brookfield Township police Feb. 15, 2003. On Feb. 21, McLean was served with a complaint charging him with improperly handling firearms in a motor vehicle. McLean was summoned to make an initial appearance in court Feb. 27 but requested it be postponed until March 6.
Innocent plea
On March 6, 2003, McLean entered an innocent plea. The court asked McLean whether he was "willing to waive [his] right to a speedy trial." McLean replied: "No, but I do need legal counsel." He was directed to the public defender's office.
The trial court's docket for March 6, 2003, however, states: "Defendant appeared in court and being advised of his rights, entered a plea of not guilty. Defendant further did waive his rights ... to a speedy trial."
At the final pre-trial hearing, May 8, 2003, and again on the day of trial, May 22, 2003, McLean moved to dismiss the charges for violation of his right to a speedy trial. The trial court denied both motions.
McLean then filed the appeal.
A person charged with a fourth degree misdemeanor "shall be brought to trial" within 45 days after the person's arrest, the state code states. If a person is not brought to trial within the time, he "shall be discharged."
Under Ohio's speedy trial statutes, the appeals court said McLean should have been brought to trial by April 15, 2003.
The prosecution argued that the trial court construed McLean's "request for counsel as a motion for appointed counsel, and marked on its docket sheet that he had waived his speedy trial time." The appeals court disagreed, saying no delay was occasioned by McLean's lack of counsel.
The trial court neither granted a continuance by judgment entry, nor set forth any reasons for the delay in bringing McLean to trial.