State v. Peek, 2011 Ohio 3624

Peek entered the house where the mother of his children lived and attacked her.
He was indicted by a grand jury for aggravated burglary, domestic violence, and violation of a protection order.
A jury convicted him of the offenses and the trial court sentenced him to three years in prison.
Peek appeals on speedy-trial rights, the offense level of the protection-order violation, and sufficiency/weight of evidence for that offense.
The State allegedly violated no speedy-trial rights; a waiver was executed; the waiver was unlimited in duration and not timely objected to.
The jury convicted Peek of violation of a protection order; the trial court later amended the indictment to reflect the statute Peek was ultimately charged under.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Speedy-trial violation	Peek claims failure to bring to trial within 90 days due to lack of bail.	State argues timely trial notwithstanding waiver and tolling.	No speedy-trial violation; waiver effective and continued through trial.
Offense level of violation of a protection order	Verdict form only shows guilt for the least degree, not elevated degree.	Evidence supports a higher degree given aggravating elements and related offenses.	Verdict form insufficient under 2945.75(A)(2); conviction mis-rated as a third-degree felony.
Indictment amendment and sufficiency	Indictment should have remained under original subsection; amendment may not be supported.	State properly amended indictment to reflect evidence at trial.	Amendment proper; sufficient evidence supports conviction under amended subsection; weight not contrary.
Instruction/notice of amendment to jury	Jury should have been informed of the indictment amendment.	No authority requires jury to be told about pre-deliberation amendment.	No error; failure to instruct about amendment does not warrant reversal.

State v. Pachay, 64 Ohio St.2d 218 (1980) (speedy-trial rights and coextensive structure with statutes)
State v. O’Brien, 34 Ohio St.3d 7 (1987) (statutory speedy-trial provisions are coextensive with constitutional rights)
State v. King, 70 Ohio St.3d 158 (1994) (waiver of speedy-trial rights must be on record; effective for unlimited duration)
State v. Bray, 2004-Ohio-1067 (2004) (unlimited-waiver duration; after waiver, state must bring to trial in reasonable time)
State v. Pelfrey, 112 Ohio St.3d 422 (2007) (verdict form must specify degree or aggravating element to elevate offense)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (de novo sufficiency review for criminal convictions)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing evidence in sufficiency cases)
State v. Otten, 33 Ohio App.3d 339 (1986) (manifest weight review considerations)