[Cite as State v. Brown, 2013-Ohio-3896.]
COURT OF APPEALS
FAIRFIELD COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. William B. Hoffman, P.J.
Plaintiff-Appellee Hon. Sheila G. Farmer, J.
Hon. Patricia A. Delaney, J.
-vs-
Case No. 13-CA-24
ROMAN BROWN
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Appeal from the Fairfield County Court of
Common Pleas, Case No. 2010-CR-0470
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: September 9, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
GREGG MARX DAVID A. TAWNEY
Prosecuting Attorney 117 West Main Street, Suite 208
239 W. Main Street, Suite 101 Lancaster, Ohio 43130
Lancaster, Ohio 43130
Fairfield County, Case No. 13-CA-24 2
Hoffman, P.J.
{¶1} Defendant-appellant Roman Brown appeals his felony conviction entered
by the Fairfield County Court of Common Pleas. Plaintiff-appellee is the state of Ohio.
STATEMENT OF THE CASE1
{¶2} On November 10, 2010, the Fairfield County Grand Jury indicted
Appellant on one count of unlawful sexual contact with a minor, a violation of R.C.
2907.04(A) and (B)(3), a felony of the third degree. At the time of the indictment,
Appellant was in the Fairfield County Jail, being held on an unrelated charge. Appellant
was later extradited to Pennsylvania to serve a prison sentence in an unrelated driving
conviction.
{¶3} While incarcerated in Pennsylvania, Appellant sent a letter to the Fairfield
County Clerk of Court dated November 15, 2011, inquiring as to a detainer or warrant
was pending against him. The Clerk responded with a letter to Appellant stating nothing
was on file relating to a detainer or warrant pending against Appellant.
{¶4} Appellant again wrote to the Clerk of Courts on March 26, 2012,
requesting information relative to a detainer or warrant against him. No response was
received from the Clerk's office relative to Appellant’s March 26, 2012 letter.
{¶5} Upon release from incarceration in Pennsylvania, Appellant returned to
Fairfield County, and was arraigned on the indictment on July 13, 2012. Appellant
entered a plea of not guilty.
{¶6} On November 21, 2012, Appellant filed a motion to dismiss the charge.
The trial court overruled the motion.
1
A rendition of the underlying facts is unnecessary for our disposition of this appeal.
Fairfield County, Case No. 13-CA-24 3
{¶7} On January 23, 2013, Appellant entered a plea of no contest to a lesser
charge of attempted gross sexual imposition, in violation of R.C. 2923.02, a fifth degree
felony. The trial court sentenced Appellant to a nine month term of imprisonment, and
credited Appellant with 204 days spent in the Fairfield County Jail.
{¶8} Appellant now appeals, assigning as error:
{¶9} “I. THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN
FINDING THAT THE DEFENDANT DID NOT SUBSTANTIALLY COMPLY WITH THE
REQUIREMENTS OF OHIO REVISED CODE SECTION 2941.401 AS IT APPLIES TO
THE RIGHTS OF THE DEFENDANT FOR A SPEEDY TRIAL.”
{¶10} R.C. 2941.401 states:
{¶11} "When a person has entered upon a term of imprisonment in a
correctional institution of this state, and when during the continuance of the term of
imprisonment there is pending in this state any untried indictment, information, or
complaint against the prisoner, he shall be brought to trial within one hundred eighty
days after he causes to be delivered to the prosecuting attorney and the appropriate
court in which the matter is pending, written notice of the place of his imprisonment and
a request for a final disposition to be made of the matter, except that for good cause
shown in open court, with the prisoner or his counsel present, the court may grant any
necessary or reasonable continuance. The request of the prisoner shall be
accompanied by a certificate of the warden or superintendent having custody of the
prisoner, stating the term of commitment under which the prisoner is being held, the
time served and remaining to be served on the sentence, the amount of good time
Fairfield County, Case No. 13-CA-24 4
earned, the time of parole eligibility of the prisoner, and any decisions of the adult parole
authority relating to the prisoner.
{¶12} "The written notice and request for final disposition shall be given or sent
by the prisoner to the warden or superintendent having custody of him, who shall
promptly forward it with the certificate to the appropriate prosecuting attorney and court
by registered or certified mail, return receipt requested.
{¶13} "The warden or superintendent having custody of the prisoner shall
promptly inform him in writing of the source and contents of any untried indictment,
information, or complaint against him, concerning which the warden or superintendent
has knowledge, and of his right to make a request for final disposition thereof.***"
{¶14} R.C. 2941.401 sets forth specific statutory requirements. Appellant did not
deliver to the prosecuting attorney and the appropriate court written notice of his place
of imprisonment or a request for a final disposition of the matter. Further, Appellant did
not proffer a certificate of the warden or superintendent of the prison in which he was in
custody stating the terms of his commitment, the time of his parole eligibility or any
decisions with regard to the adult parole authority.
{¶15} Appellant admits he did not comply with the statute, but submits his letters
inquiring as to whether any warrants and detainers pending against him, which letters
were sent to the Clerk of Courts, are sufficient. We disagree. We find Appellant did not
substantially nor sufficiently comply with the statutory requirements.
{¶16} The sole assignment of error is overruled.
Fairfield County, Case No. 13-CA-24 5
{¶17} Appellant's conviction in the Fairfield County Court of Common Pleas is
affirmed.
By: Hoffman, P.J.
Farmer, J. and
Delaney, J. concur
___________________________________
HON. WILLIAM B. HOFFMAN
___________________________________
HON. SHEILA G. FARMER
___________________________________
HON. PATRICIA A. DELANEY
Fairfield County, Case No. 13-CA-24 6
IN THE COURT OF APPEALS FOR FAIRFIELD COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
ROMAN BROWN :
:
Defendant-Appellant : Case No. 13-CA-24
For the reason stated in our accompanying Opinion, Appellant's conviction in the
Fairfield County Court of Common Pleas is affirmed. Costs to Appellant.
___________________________________
HON. WILLIAM B. HOFFMAN
___________________________________
HON. SHEILA G. FARMER
___________________________________
HON. PATRICIA A. DELANEY