R.C. 2945.71(C) Interpretation
In State v. Azbell, 112 Ohio St.3d 300, 2006 Ohio 6552, 859 N.E.2d 532, the supreme court held that "for purposes of calculating speedy-trial time pursuant to R.C. 2945.71(C), a felony charge is not pending until the accused has been formally charged by a criminal complaint or indictment, is held pending the filing of charges, or is released on bail or recognizance." Id. at syllabus.
The supreme court noted that "it is either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge that engage the particular protections of the speedy trial provision of the Sixth Amendment." Id. at P11.
"The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and Article I, Section 10 of the Ohio Constitution.
In Ohio, R.C. 2945.71 requires the State to bring a felony defendant to trial within two hundred and seventy days of arrest. R.C. 2945.71(C).
Each day during which the accused is held in jail in lieu of bail on the pending charge is counted as three pursuant to the triple-count provision of R.C. 2945.71(E)." State v. Hart, Montgomery App. No. 19556, 2003 Ohio 5327.
This "triple-count" provision would reduce to ninety days the time for bringing to trial an accused who is incarcerated the entire time preceding trial.
However, an accused is only entitled to the triple-count provision when he is held in jail solely on the pending charge. State v. Kaiser (1978), 56 Ohio St.2d 29, 381 N.E.2d 633, paragraph two of the syllabus; State v. DeLeon, Montgomery App. No. 18114, 2002 Ohio 3286.
The days will not be counted triply if he is also being held for additional charges. See State v. MacDonald (1976), 48 Ohio St.2d 66, 357 N.E.2d 40; State v. Davenport, Butler App. No. CA2005-01-05, 2005 Ohio 6686, P9.