State v. Sims

Citations

• 232 N.E.3d 956
• 2023 Ohio 4711

Syllabus

JURY VERDICT FORM – R.C. 2945.75 – ALLIED OFFENSES: Defendant's convictions for two counts of driving under the influence were misdemeanors of the first-degree as required by R.C. 2945.75(A)(2) where the jury's verdict form did not either specify an aggravating fact necessary to elevate the level of the offense to a felony nor indicate that the convictions were for felonies. [But see DISSENT: The majority's holding that defendant must be convicted of a first-degree misdemeanor OVI under R.C. 4511.19(A)(2) based on a strict application of R.C. 2945.75(A)(2) without any showing of plain error leads to an unjust result that defies every aspect of what actually occurred at the trial-court level, including the indictment against defendant, the specific stipulation by the parties, the jury's instructions regarding that stipulation, and ultimately the jury's verdict.] Defendant's convictions for two counts of driving under the influence were allied offenses where defendant was stopped for a single traffic incident with no separate animus or motivation.