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STATE v. McBREEN

No. 77-709.

54 Ohio St. 2d 315 (1978)

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

Supreme Court of Ohio.

Decided May 31, 1978.

Attorney(s) appearing for the Case

Mr. Thomas A. Luebbers, city solicitor, Mr. Paul J. Gorman and Mr. Dennis S. Helmick, for appellee.

Mr. Richard C. Gasen, for appellant.

O'NEILL, C. J.

The issue presented in this appeal is whether the constitutional right to a speedy trial, as implemented in this state by R. C. 2945.71 through 2945.73, can be waived by the attorney for the accused where the accused is not aware of or informed of the waiver.

R. C. 2945.71(B)(2) specifies that a person charged with a misdemeanor, other than a minor misdemeanor, shall be brought to trial "[w]ithin ninety days after his arrest or the service of...

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