State v. Gooch

Citations

• 2025 Ohio 4595

Syllabus

Appellant does not establish plain error requiring reversal based on the trial court's jury instructions on the charged offenses of operating a vehicle while under the influence (\OVI\). R.C. 4511/19(A)(1)(i)—the OVI per se offense—is not an alternative-means offense, and the trial court correctly instructed the jury of the elements it was required to find beyond a reasonable doubt to return a guilty verdict for OVI per se. The jury instructions on the OVI impaired offense under R.C. 4511.19(A)(1)(a) were erroneous to the extent they implied to the jury that it could find appellant guilty based on his operation of a motor vehicle while under the influence of drugs of abuse, when the state presented no evidence that appellant was under the influence of drugs of abuse, but reversal is not required to prevent a manifest miscarriage of justice. The guilty verdict on the OVI impaired offense did not affect appellant's sentence, because the trial court sentenced Gooch only for OVI per se. Appellant does not establish plain error requiring reversal based on the trial court's failure to define \under the influence of alcohol\ in the jury instructions on the OVI impaired offense. Reversal of the jury's finding of guilt on the OVI impaired offense is not required to prevent a manifest miscarriage of justice, as the jury also found appellant guilty of the OVI per se offense, and it was the OVI per se offense for which the trial court convicted and sentenced him. Appellant's convictions are supported by sufficient evidence and are not against the manifest weight of the evidence. Judgment affirmed.