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State v. Riley

Court of Appeals of Ohio, Fifth District, Delaware

July 30, 2013

STATE OF OHIO, Plaintiff-Appellee
v.
CLINTON RILEY, Defendant-Appellant

Appeal from the Delaware Municipal Court, Case No. 12-TRC-05996

For Plaintiff-Appellee: ELIZABETH A. MATUNE Assistant Prosecuting Attorney

For Defendant-Appellant: WILLIAM T. CRAMER

JUDGES: Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Hoffman, P.J.

{¶1} Defendant-appellant Clinton L. Riley appeals his convictions entered by the Delaware Municipal Court. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On May 28, 2012, around 10:00 p.m., the Ohio State Highway Patrol dispatcher received a telephone call of a one vehicle crash on Interstate 71 in Delaware County. Ohio State Highway Patrol Troopers Nick Shaw and Rob Curry responded to the scene. Trooper Curry observed an overturned truck in the median and tire markings across the highway. It appeared the truck was travelling northbound, lost control, crossed the northbound lane of travel and turned over in the median. There was no indication of the vehicle braking.

{¶3} Upon approach by law enforcement, Appellant appeared evasive, indicating he had contacted his attorney and would not be providing a statement.

{¶4} Trooper Curry learned Appellant had a prosthetic leg, after observing him walk with an abnormal gait. In addition, Trooper Curry noticed a distinct, moderate odor of alcohol on Appellant, as well as, glassy and bloodshot eyes. Appellant's pupils were dilated, and he slurred his speech.

{¶5} Appellant refused to provide a urine sample upon Trooper Curry's request, and refused to perform any field sobriety tests.

{¶6} Appellant was subsequently charged with operating a vehicle under the influence of alcohol, in violation of R.C. 4511.19(A)(1)(a), and failure to control, in violation of R.C. 4511.202.

{¶7} Following a jury trial, Appellant was convicted of operating a vehicle under the influence of alcohol, in violation of R.C. 4511.19(A)(1)(a). The trial court then found Appellant guilty of failure to control, in violation of R.C. 4511.202. The court sentenced Appellant to thirty days in jail, with 27 suspended, two years of community control, a one year driver's license suspension, and a fine of $400 plus court costs.

{¶8} Appellant now appeals, assigning as error:

{¶9} "I. APPELLANT WAS DEPRIVED OF HIS RIGHTS TO DUE PROCESS AS GUARANTEED BY THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND THE OHIO CONSTITUTION, ARTICLE I, SECTION 16, WHEN THE TRIAL COURT APPOINTED A PRACTICING ATTORNEY TO SIT AS AN ACTING JUDGE IN VIOLATION OF R.C. 1901.10.

{¶10} "II. APPELLANT WAS DEPRIVED OF HIS RIGHTS TO DUE PROCESS AS GUARANTEED BY THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND THE OHIO CONSTITUTION, ARTICLE I, SECTION 16, WHEN THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING A CONTINUANCE THAT WAS NECESSARY TO PERMIT AN ELECTED JUDGE TO PRESIDE OVER TRIAL.

{¶11} "III. APPELLANT WAS DEPRIVED OF HIS RIGHTS TO DUE PROCESS AS GUARANTEED BY THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND THE OHIO CONSTITUTION, ARTICLE I, SECTION 16, WHEN THE TRIAL COURT REFUSED TO GRANT A MISTRIAL AFTER THE JURY RETURNED A GUILTY VERDICT ON AN ERRONEOUS VERDICT FORM.

{¶12} "IV. APPELLANT WAS DEPRIVED OF HIS RIGHTS TO DUE PROCESS AS GUARANTEED BY THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND THE OHIO CONSTITUTION, ARTICLE, I, SECTION 16, BECAUSE THERE WAS INSUFFICIENT EVIDENCE THAT APPELLANT WAS OPERATING THE TRUCK WHILE UNDER THE INFLUENCE OF ALCOHOL.

{¶13} "V. THE JURY'S FINDING THAT APPELLANT OPERATED A VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL IN VIOLATION OF R.C. 4511.19 WAS NOT SUPPORTED BY ...


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