State v. Burnett

Citations

• 2018 Ohio 109
• 109 N.E.3d 61

Syllabus

The trial court did not err in refusing to give a requested jury instruction on operation and operability of the vehicle at issue during the appellant's OVI trial. The requested instruction was not an accurate statement of law, and the trial court correctly gave the jury the statutory definition of \operate\ set forth in R.C. 4511.01(HHH). Defense counsel did not provide ineffective assistance by failing to request an instruction on the offense of having physical control of a vehicle while under the influence of alcohol in violation of R.C. 4511.194(B). The jury reasonably could not have acquitted the appellant of OVI and convicted him under the physical-control statute. The appellant's OVI conviction is supported by legally sufficient evidence that he operated a vehicle while intoxicated. Judgment affirmed. (Froelich, J., concurring.)