State v. Varner

Reece, Judge.

Defendant-appellee, Joseph P. Varner, Jr., was originally charged in the Summit County Court of Common Pleas with breaking and entering, R.C. 2911.13. He signed a bond allowing his release, but then failed to appear for his arraignment. As a result, he was further indicted on January 15,1991 for failure to appear in violation of a recognizance bond, R.C. 2937.29.

Prior to trial, Varner moved to dismiss the indictment on this supplemental charge on the ground that he was never actually bound by a recognizance bond. The trial court agreed and this appeal follows.

Assignment of Error

“T…