Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of Ohio v. Robert M. Tite

September 30, 2011

STATE OF OHIO APPELLEE
v.
ROBERT M. TITE APPELLANT



Trial Court No. 10TRD03956

The opinion of the court was delivered by: Pietrykowski, J.

DECISION AND JUDGMENT

{¶1} This is an appeal from a September 17, 2010 judgment of the Norwalk Municipal Court which found appellant, Robert M. Tite, guilty of wrongful entrustment of a motor vehicle, a violation R.C. 4511.203(A). The conviction is under a prior version of the statute that went into effect on September 30, 2008. Under former R.C. 4511.203(C), the offense is a first degree misdemeanor. The conviction was pursuant to a jury verdict.

{¶2} Appellant asserts one assignment of error on appeal:

{¶3} "Assignment of Error

{¶4} "The state failed to provide sufficient evidence of the essential element of 'knowingly' allowing the individual operating the motor vehicle in this case, and the resultant jury verdict, finding the defendant guilty, was against the manifest weight of the evidence concerning that specific element of the charge. The trial court erred in failing to grant the defendant's Criminal Rule 29 motion based upon the insufficiency of the evidence presented on the element of 'knowingly.'"

{¶5} The incident on which appellant's prosecution was based occurred on July 11, 2010, when appellant was a passenger in his own Chevy Silverado pickup truck driven by his son, Anthony Tite. Officer Briana Keegan, a patrol officer of the Wakeman Police Department, testified at trial that she followed appellant's pickup truck after a citizen's complaint that the vehicle was being driven erratically. As she followed, the officer saw the pickup cross back and forth over the center line of the roadway a few times.

{¶6} Officer Keegan attempted to initiate a traffic stop, activating her emergency lights and siren while following immediately behind the vehicle. Anthony Tite did not comply. He drove the vehicle for a "couple" of miles until he reached appellant's residence and stopped the vehicle behind appellant's house in a heavy wooded area, near the edge of a cornfield.

{¶7} Once the vehicle stopped, Officer Keegan ordered the occupants to exit the vehicle. Appellant promptly exited the vehicle from the passenger side. Anthony Tite did not exit the vehicle, but backed the pickup into Officer Keegan's patrol car and drove away through a cornfield.

{¶8} Multiple charges were brought against the appellant arising from the incident and appellant's actions afterwards. At trial, the trial court granted a Crim.R. 29 motion and acquitted appellant of a menacing charge. The jury returned not guilty verdicts on other charges of persistent disorderly conduct and resisting arrest. This appeal concerns appellant's lone conviction of wrongful entrustment of a motor vehicle.

{¶9} The prosecution for wrongful entrustment of a motor vehicle proceeded under a citation issued by Officer Keegan to appellant for violation of R.C. 4511.203(A)(2). The statute provides:

{¶10} "4511.203 Wrongful entrustment of a motor vehicle

{ΒΆ11} "(A) No person shall permit a motor vehicle owned by the person or under the person's control to be driven by ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.