State v. Bonarrigo

In State v. Bonarrigo, 62 Ohio St. 2d 7, 402 N.E.2d 530 (1980), the State originally charged Mr. Bonarrigo with disorderly conduct, a misdemeanor. After the prosecution entered a nolle prosequi on that charge, the Grand Jury issued an indictment charging him with aggravated riot, a felony. Id. at 7. The Supreme Court held that "the time within which the accused shall be brought to trial pursuant to R.C. 2945.71 et seq. consists of whatever residue remains from the 270-day period set forth in R.C. 2945.71(C) after deducting the speedy trial time expended prior to the nolle prosequi." Id. at 11. Accordingly, even though both charges arose out of the same conduct, the Supreme Court determined that the 270-day time limit that applies to felony charges applied to the aggravated riot charge, not the time period that had applied to the original misdemeanor charge.