State v. Berry

This cause came on to be heard upon an appeal from the Court of Common Pleas of Brown County.

Appellant, Jackie Berry, was indicted on a charge of theft, in violation of R.C. 2913.02(A), a felony of the fourth degree, and entered a plea of guilty to the charge. The first plea was withdrawn by appellant with the permission of the trial court. Appellant thereafter filed a motion to dismiss based upon the allegation that the state had failed to prosecute in a timely manner. That motion was overruled by the trial court and, on September 7,1982, appellant entered a plea of guilty to grand theft.

The…