State v. Sims

Citations

• 2017 Ohio 8379
• 99 N.E.3d 1056

Syllabus

APPELLATE REVIEW/CRIMINAL - JURISDICTION - JURY WAIVER - AUTOMOBILES/CRIMINAL - REASONABLE SUSPICION: Where the trial court's judgment imposed only court costs as a purported sentence for an offense, the judgment was not a final and appealable order because the trial did not impose a sentence: while required to be imposed at the time of sentencing, court costs are not a criminal punishment and do not constitute a sanction that can be imposed as a sentence. Where a timely jury demand has been filed for a petty offense, the trial court need not obtain a written jury waiver before accepting a no-contest plea to the extent that State v. Fish, 104 Ohio App.3d 236, 661 N.E.2d 788 (1st Dist.1995), holds otherwise, it is overruled. Where the evidence showed that the arresting officer could not see inside defendant's vehicle's passenger-side window, under the totality of the circumstances, the arresting officer had a reasonable suspicion to believe that a window-tint violation had occurred therefore, the traffic stop of defendant's vehicle was lawful and the trial court did not err in denying defendant's motion to suppress.