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City of Cleveland v. Sandra Olivares

October 13, 2011

CITY OF CLEVELAND PLAINTIFF-APPELLANT
v.
SANDRA OLIVARES DEFENDANT-APPELLEE



Criminal Appeal from the Cleveland Municipal Court Case No. 10 TRD 48420

The opinion of the court was delivered by: Larry A. Jones, J.:

Cite as Cleveland v. Olivares,

JOURNAL ENTRY AND OPINION

JUDGMENT:

REVERSED

BEFORE: Jones, P.J., Cooney, J., and E. Gallagher, J.

{¶1} Plaintiff-appellant, the city of Cleveland, appeals the trial court's granting of defendant-appellee, Sandra Olivares's, motion to dismiss. For the reasons that follow, we reverse.

{¶2} On July 24, 2010, Olivares was pulled over by a Cleveland police officer for running a red light. When the officer requested her driver's license, she presented a driver's license from the Republic of El Salvador and an international driver's permit, both of which had not yet expired. The officer cited Olivares for a violation of Cleveland Codified Ordinances ("C.C.O.") 435.01, which prohibits driving without a valid driver's license, a first degree misdemeanor, and C.C.O. 413.03, a traffic control violation, a minor misdemeanor.

{¶3} Olivares filed a motion to dismiss in municipal court arguing that she was driving with a valid license from El Salvador and was not required to have an Ohio driver's license because she is not an Ohio resident. The City responded, alleging that Olivares's international driver's permit may have been forged. The trial court held a hearing on the motion to dismiss.

{¶4} On December 16, 2010, the trial court granted Olivares's motion to dismiss. In its journal entry issued the same day, the trial court marked the dismissal of the C.C.O. 435.01 violation "nolle," and noted that the "court opinion of 7 pages is incorporated herein by reference." On January 11, 2011, the trial court issued another journal entry, indicating that the violation of C.C.O. 413.03 was also nolled. On January 13, 2011, the trial court issued another journal entry, which stated "corrected [journal entry.] Case was dismissed in response to motion[,] not a nolle by prosec[utor]."

{¶5} The City appealed and raises the following four assignments of error:

"I. Trial court erred in concluding that Ohio Revised Code §4507.04 does not apply to drivers from other countries.

"II. The trial court erred in granting defendant-appellee's motion to dismiss while there were genuine issues of ...


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