from the Franklin County Municipal Court LUPER (M.C. No. 2016
Richard C. Pfeiffer, Jr., City Attorney, Melanie R. Tobias,
and Orly Ahroni, for appellee.
Venters, Public Defender, and George M. Schumann, for
Melanie R. Tobias.
1} Defendant-appellant, Adam S. Chiles, appeals from
a judgment entry of the Franklin County Municipal Court
finding him guilty, pursuant to no contest plea, of failing
to stop, driving under suspension, no operator's license,
and failure to control. For the following reasons, we
Facts and Procedural History
2} On April 7, 2016, Chiles received a citation
following an automobile accident alleging four violations of
the Columbus Traffic Code ("CTC"): (1) failure to
stop in violation of CTC 2135.12(A), a first-degree
misdemeanor; (2) driving under suspension in violation of CTC
2141.11(A), a first-degree misdemeanor; (3) no operator's
license in violation of CTC 2141.12(A)(1), a first-degree
misdemeanor; and (4) failure to control in violation of CTC
2131.33, a minor misdemeanor. Chiles initially entered a plea
of not guilty and entered a jury demand.
3} At a hearing on July 27, 2016, Chiles entered no
contest pleas to all four charges. The trial court accepted
Chiles' no contest pleas and found Chiles guilty on all
four counts. The trial court then ordered a restitution
hearing prior to sentencing.
4} On November 23, 2016, Chiles filed a motion to
dispute restitution, arguing the restitution provision in the
failure to stop ordinance was unconstitutional.
Plaintiff-appellee, City of Columbus, did not file a response
to Chiles' motion to dispute restitution. The trial court
then conducted a contested restitution hearing on December 8,
2016 during which the parties disputed whether Chiles had
insurance at the time of the incident giving rise to the
5} On January 19, 2017, the trial court filed a
decision and entry denying Chiles' motion to dispute
restitution and rejecting Chiles' constitutional
challenge to the failure to stop ordinance. At a hearing that
same day, the trial court ordered Chiles to pay a $150 fine
plus court costs, ordered Chiles to pay restitution in the
amount of $4, 331.12 to Evina Emvoutou, the other driver
involved in the accident, and imposed a six-month
driver's license suspension. The trial court stayed the
sentence pending appeal. The trial court journalized
Chiles' convictions and sentence in a January 19, 2017
sentencing entry. Chiles timely appeals.
Assignments of Error
6} Chiles assigns the following errors for our
[1.] The trial court violated the Defendant-Appellant's
substantive rights conferred by R.C. 2937.07 by making
findings of guilty after no contest pleas without obtaining
any explanation of circumstances concerning the offenses of
failing to stop, DUS, and No Ops.
[2.] CTC 2135.12(b)(1) is unconstitutional in violation of
the right to a jury trial under the United States and Ohio
Constitutions, as it authorizes the trial court to impose an
additional punishment, above the statutory maximum, based on
additional facts not found by the jury or admitted by the
[3.] CTC 2135.12(b)(1) is unconstitutional in violation of
the due process of law protections under the United States
and Ohio Constitutions, as the restitution provision is not
rationally related to a legitimate governmental interest.
First Assignment of ...