State v. Pope

Citations

• 2017 Ohio 1308

Syllabus

The trial court did not err in overruling Appellant's motion to dismiss an indictment charging him with improperly handling a firearm in a motor vehicle while intoxicated. Contrary to Appellant's claim otherwise, his constitutional protection against double jeopardy did not prohibit the State from prosecuting him for that offense due to a previous OVI conviction arising from the same incident. The OVI conviction is neither a lesser included offense nor an allied offense of similar import to the improperly handling a firearm charge. Affirmed.