Cleveland v. Pate, 2013 Ohio 5571

Pate was convicted after a bench trial in Cleveland Municipal Court of failing to stop after an accident, failing to control, and driving with expired plates; sentencing included probation, fines, and restitution.
City of Cleveland cited Pate on September 12, 2012 after a collision with an unoccupied vehicle; Pate claimed a pothole caused damage.
Officers testified Pate’s vehicle stopped with hazard lights; brake-fluid trail led to Vega’s car about 150 feet away; Vega’s car was reportedly undamaged prior.
Vega testified, via interpreter, she was unaware of prior damage; Pate denied hitting her car; Pate’s plates were expired at the time of the incident.
The trial court found guilt on all counts and sentenced Pate; the appellate court stayed execution pending appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	City argues evidence supports all convictions	Pate contends evidence is insufficient	Convictions supported; no acquittal error
Manifest weight of the evidence	City maintains evidence not against the weight of the evidence	Pate claims convictions weigh against the evidence	Convictions not against the manifest weight; not the exceptional case
Allied offenses and merger	City argues separate offenses valid given conduct	Pate argues merger should apply	No error; offenses not allied; separate sentences proper
Restitution under RC 2929.18	Restitution amount based on Vega’s loss	Restitution issue not properly determined; potential plain error	Restitution not in excess of loss; no plain error

State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency vs. manifest weight)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial evidence standard)
State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (overruled Rance; allied offenses analysis)
State v. Williams, 134 Ohio St.3d 482 (Ohio 2012) (allied offenses framework and merger guidance)