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State v. Gray

Court of Appeals of Ohio, Tenth District

May 17, 2018

State of Ohio, Plaintiff-Appellee,
v.
Justin W. Gray, Defendant-Appellant.

          APPEAL from the Franklin County Municipal Court M.C. No. 2017TRD-150522

         On brief:

          Zach Klein, City Attorney, Lara N. Baker, and Melanie R. Tobias, for appellee.

         On brief:

          Justin W. Gray, pro se.

          DECISION

          DORRIAN, J.

         {¶ 1} Defendant-appellant, Justin W. Gray, appeals from the July 25, 2017 judgment of the Franklin County Municipal Court convicting him of R.C. 4511.48(C). For the following reasons, we reverse.

         I. Facts and Procedural History

         {¶ 2} On June 20, 2017, appellant was charged with a minor misdemeanor pedestrian violation pursuant to R.C. 4511.48(C). Appellant pled not guilty to the charge and the case proceeded to a bench trial. The trial court found plaintiff-appellee, State of Ohio, had proven beyond a reasonable doubt the elements of the case.

         II. Assignments of Error

         {¶ 3} Appellant appeals and assigns the following four assignments of error for our review:

I. THE TRIAL COURT ERRED BY ARGUING A DIFFERENT CHARGE THAN THE ONE SPECIFIED ON APPELLANT'S ORIGINAL COMPLAINT.

II. THE TRIAL COURT ERRED BY FINDING APPELLANT GUILTY AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
III. THE TRIAL COURT MADE AN ERROR IN LAW AS IT PERTAINS TO RIGHT OF WAY.
IV. THE TRIAL COURT ERRED BY EMPLOYING PROCEDURES THAT DENIED APPELLANT HIS FUNDAMENTAL DUE ...

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