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State v. Wolfe

Court of Appeals of Ohio, Ninth District, Lorain

January 16, 2018

STATE OF OHIO Appellee
v.
CAMERON J. WOLFE Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 16CR093093

          APPEARANCES: STEPHAN P. HANUDEL, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and NATASHA RUIZ GUERRIERI, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY.

          JULIE A. SCHAFER JUDGE.

         {¶1} Defendant-Appellant, Cameron Wolfe, appeals his conviction for reckless vehicular assault in the Lorain County Court of Common Pleas. For the reasons that follow, we affirm.

         I.

         {¶2} On December 28, 2015, Wolfe was driving T.K.'s pickup truck with T.K. riding in the front passenger seat and Dean B. in a rear passenger seat. At approximately 7:05 p.m., Wolfe lost control of the vehicle and crashed, severely injuring T.K.

         {¶3} The Lorain County Grand Jury subsequently indicted Wolfe on the following charges: (I) vehicular assault in violation of R.C. 2903.08(A)(2)(b), a felony of the third degree; (II) tampering with evidence in violation of R.C. 2921.12(A)(1), a felony of the third degree; (III) failing to stop after an accident resulting in serious harm to a person in violation of R.C. 4549.02(A), a fifth degree felony; (IV) receiving stolen property in violation of R.C. 2913.51(A), a first degree misdemeanor; (V) driving under suspension in violation of R.C. 4510.11(A), a first degree misdemeanor; (VI) willful or wanton disregard of safety on highways, in violation of R.C. 4511.20(A), a minor misdemeanor; and (VII) operating a vehicle without reasonable control in violation of R.C. 4511.202(A), a minor misdemeanor. Wolfe pleaded not guilty at his arraignment and the matter proceeded through the pretrial process.

         {¶4} Wolfe eventually withdrew his not guilty pleas as to counts three, five, and seven, and subsequently entered a plea of guilty to those counts. Wolfe waived his right to a jury trial and the remaining counts were tried to the bench.

         {¶5} At the close of the State's case in chief, the trial court granted Wolfe's motion for acquittal as to count four, but denied the motion as to count two. The trial court ultimately found Wolfe guilty of counts one, two and six and sentenced Wolfe according to law.

         {¶6} Wolfe filed this timely appeal, raising one assignment of error for our review.

         II.

         Assignment of Error

         The trial court erred by finding [Wolfe] guilty of reckless vehicular assault and willful or wanton ...


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