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STATE v. WENTWORTH

No. 77-788.

54 Ohio St. 2d 171 (1978)

THE STATE OF OHIO, APPELLEE, v. WENTWORTH, APPELLANT.

Supreme Court of Ohio.

Decided May 3, 1978.

Attorney(s) appearing for the Case

Mr. Thomas A. Luebbers, prosecuting attorney, Mr. Paul J. Gorman and Mr. Frank T. Prouty, Jr., for appellee.

Mr. Everett E. Landen, for appellant.

STEPHENSON, J.

Appellant asserts he was entitled to discharge upon his motion made at commencement of trial by reason of the failure of the state to try him within the 90-day period set forth in R. C. 2945.71(B)(2).2 The pivotal issue thus presented is whether the trial court's order, although entered within the 90-day period prescribed in R. C. 2945.71(B), continuing the case for trial...

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