State v. Gall

[Cite as State v. Gall, 2019-Ohio-4907.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) STATE OF OHIO C.A. No. 18CA011445 Appellee v. APPEAL FROM JUDGMENT ENTERED IN THE PATRICK GALL COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO Appellant CASE No. 18CR098906 DECISION AND JOURNAL ENTRY Dated: December 2, 2019 CALLAHAN, Presiding Judge. {¶1} Appellant, Patrick Gall, appeals his convictions by the Lorain County Court of Common Pleas. This Court affirms. I. {¶2} On July 6, 2018, W.F. was shot at close range in an overgrown area behind a business in Elyria. His injuries proved to be fatal. A series of security cameras captured the crime on video, and Mr. Gall was soon taken into custody along with two other men. Mr. Gall was charged with aggravated murder in violation of R.C. 2903.01(A), murder in violation of R.C. 2903.02(A) and (B), felonious assault in violation of R.C. 2903.11(A)(1) and (A)(2), and tampering with evidence in violation of R.C. 2921.12(A)(1). Each charge was accompanied by a firearm specification. Prior to trial, Mr. Gall moved to dismiss all of the charges against him, arguing that he had not been brought to trial within the time period provided by R.C. 2945.71(C). The State informed the trial court that Mr. Gall was also being held on a holder issued from 2 Cuyahoga County. The trial court denied the motion to dismiss, but agreed to seat a jury within the ninety-day time period provided by R.C. 2945.71(E) nonetheless. {¶3} The jury found Mr. Gall guilty of all of the charges and specifications. The trial court merged the murder and felonious assault charges with the aggravated murder charge for purposes of sentencing and sentenced Mr. Gall to life in prison for aggravated murder and two years in prison for tampering with evidence, to be served concurrently. The trial court also sentenced him to consecutive prison terms for the two accompanying firearm specifications. Mr. Gall appealed. II. ASSIGNMENT OF ERROR NO. 1 THE TRIAL COURT ERRED IN DENYING MR. GALL’S MOTION TO DISMISS IN VIOLATION OF ORC 2945.71 AND ORC 2945.72 AS WELL AS THE UNITED STATES AND STATE OF OHIO CONSTITUTIONS AS MR. GALL’S RIGHT TO A SPEEDY TRIAL WAS VIOLATED. {¶4} In his first assignment of error, Mr. Gall argues that the trial court erred by denying his motion to dismiss for a violation of his right to a speedy trial. This Court does not agree. {¶5} “When a trial court denies a motion to dismiss on speedy trial grounds, this Court reviews questions of law de novo, but considers whether the trial court’s factual determinations are clearly erroneous.” State v. Burroughs, 9th Dist. Lorain No. 14CA010595, 2016-Ohio-1139, ¶ 4, citing State v. Downing, 9th Dist. Summit No. 22012, 2004-Ohio-5952, ¶ 36. Under R.C. 2945.71(C)(2), an individual charged with a felony must be brought to trial within 270 days after arrest. R.C. 2945.71(E) provides that for purposes of calculating this time period, “each day during which ...

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