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State v. Simpson

Court of Appeals of Ohio, Fifth District

April 20, 2007

STATE OF OHIO Plaintiff-Appellee
v.
ROBERT E. SIMPSON Defendant-Appellant

Criminal Appeal from the Mount Vernon Muncipal Court, Case No. 06CRB0036

For Plaintiff-Appellee WILLIAM D. SMITH LAW DIRECTOR JOHN W. ABEI

For Defendant-Appellant DAVID W. BURNS. ROBERT A. SKELTON ASSISTANT PROSECUTOR

Hon. John W. Wise, P. J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J.

OPINION

Wise, P. J.

{¶1} Defendant-appellant Robert E. Simpson appeals his conviction and sentence entered in the Mount Vernon Municipal Court on one count of vehicular homicide.

{¶2} Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶3} Appellant Robert L. Simpson was charged with one count of vehicular homicide, a violation of §2903.06(A)(4).

{¶4} Appellant pled "not guilty" to that charge and a jury trial was scheduled.

{¶5} On April 12, 2006, Appellant requested that the trial court instruct the jury on the defense of "sudden emergency".

{¶6} The State of Ohio filed a Motion in Limine objecting to the requested jury instruction and a hearing was held on May 25, 2006. At the hearing, extensive testimony was given by the Ohio Highway Patrol Trooper who investigated the fatal accident in addition to that by Appellant and his expert witness, Scott Noll. At the conclusion of the hearing, the trial court granted the State's Motion in Limine, ruling that Appellant would not be permitted to present evidence of "sudden emergency" nor would the trial court instruct the jury on the defense of "sudden emergency". (T. at 41-42).

{¶7} On May 25, 2006, immediately after the hearing, Appellant changed his plea to "No Contest". After questioning Appellant, the trial court accepted Appellant's change of plea and referred the case to the Probation Department for a pre-sentence report.

{ΒΆ8} On July 17, 2006, the trial court held a sentencing hearing wherein the trial court sentenced Appellant to serve ninety (90) days in jail with (60) days suspended upon the condition that Appellant have no similar offense during the next two (2) years and that Appellant successfully complete two (2) years of reporting probation. Appellant's driver's license was suspended under a class six (6) operator's license suspension for a period of seven hundred twenty (720) days beginning July 22, 2006, with limited driving ...


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