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State v. Grimm

Court of Appeals of Ohio, Fifth District

August 5, 2013

STATE OF OHIO, Plaintiff-Appellee
v.
HARTLEY GRIMM, Defendant-Appellant

Appeal from the Massillon Municipal Court, Case No. 2012-TRD-08202.

For Plaintiff-Appellee ROBERT A. ZEDELL Massillon Law Department Two James Duncan Plaza Massillon.

For Defendant-Appellant RICK L. FERRARA.

OPINION

FARMER, J.

{¶1} On October 30, 2012, Ohio State Highway Patrol Sergeant John Hromiak observed a traffic signal turn green and then appellant, Hartley Grimm, pass through the intersection on what would have been the red light for his roadway. Sergeant Hromiak pulled appellant over and issued a citation for failure to stop for a red light in violation of R.C. 4511.13(C).

{¶2} On November 19, 2012, appellant filed a motion to dismiss for failure to arraign him in a timely manner pursuant to local rule. The trial court denied the motion on November 20, 2012.

{¶3} A bench trial before a magistrate commenced on November 28, 2012. The magistrate found appellant guilty, and assessed a fine and two points on his driver's license. Appellant filed objections. By entry and order filed December 13, 2012, the trial court denied the objections and approved and adopted the magistrate's decision.

{¶4} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{¶5} "THE MANIFEST WEIGHT OF THE EVIDENCE DID NOT SUPPORT APPELLANT'S CONVICTION FOR FAILURE TO STOP AS REQUIRED."

II

{¶6} "INSUFFICIENT EVIDENCE SUPPORTED APPELLANT'S CONVICTION."

III

{ΒΆ7} "THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION TO DISMISS FOR FAILURE TO ARRAIGN ...


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