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State v. Eickstadt

Court of Appeals of Ohio, Fifth District, Licking

December 24, 2019

STATE OF OHIO Plaintiff-Appellee
v.
RYAN J. EICKSTADT Defendant-Appellant

          Appeal from the Licking County Municipal Court, Case No. 2018 TRC 08841

         JUDGMENT: Affirmed

          FOR PLAINTIFF-APPELLEE J. MICHAEL KING CITY OF NEWARK, ASSISTANT LAW DIRECTOR

          FOR DEFENDANT-APPELLANT DARRIN C. LEIST LEIST WARNER, LLC

          Hon. William B. Hoffman, P.J Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

          OPINION

          Hoffman, P.J.

         {¶1} Defendant-appellant, Ryan J. Eickstadt, appeals his conviction entered by the Licking County Municipal Court for being in physical control of a vehicle while under the influence of alcohol, in violation of R.C. 4511.194, following a jury's verdict of guilty to said charge. The state of Ohio is plaintiff-appellee.

         STATEMENT OF THE CASE

         {¶2} On July 2, 2018, Appellant was charged with one count of operating a vehicle under the influence of alcohol (R.C. 4511.19(A)(1)(a)); one count of operating a vehicle under the influence of alcohol (R.C. 4511.19(A)(2)(b)); and one count of being in physical control of a vehicle under the influence of alcohol (R.C. 4511.194).

         {¶3} The case proceeded to a jury trial held on February 7, 2019. Following the close of the state of Ohio's case, the trial court granted Appellant's Crim.R. 29(A) Motion for Judgment of Acquittal as to both of the operating while under the influence of alcohol charges. The case proceeded on the physical control of a vehicle while under the influence of alcohol charge. The jury rendered a verdict of guilty on that charge. The trial court entered a conviction on said count and sentenced Appellant accordingly.

         STATEMENT OF THE FACTS

         {¶4} On July 1, 2018, at 4:24 a.m., Officer Mills of the Pataskala Police Department was dispatched to the area of 279 Monarch Street in Pataskala regarding a report of a suspicious person. The report advised of a white male possibly passed out behind the wheel of a dark colored sedan.

         {¶5} Deputy Wolverton of the Licking County Sheriff's Office was in the area and located a vehicle legally parked with a white male passed out in the driver's seat.

         {¶6} Officer Mills arrived at the scene and observed Appellant seated in the driver's seat, slouched over the center console with his head in the passenger area. Unopened cans of beer were seen in the back seat. The keys were in the vehicle's ignition, but no other indications of ...


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