State v. Anderson
2017 Ohio 8641
| Ohio Ct. App. | 2017Background
- Jonathan Anderson was found unconscious in the driver’s seat of his parked car in a recreation-center parking lot; medics administered two doses of Narcan and revived him.
- Fire/EMS personnel and a police officer testified at bench trial; medics said Anderson was alone in the driver’s seat; some testified the engine was not running; one officer could not recall.
- An officer removed the keys from the ignition and later placed them on the vehicle roof; no drug paraphernalia was found in or near the car.
- At the hospital Anderson denied operating the vehicle and named another person as the driver; he refused chemical testing.
- The trial court convicted Anderson of OVI (R.C. 4511.19(A)(1)(a)). On appeal he challenged sufficiency and weight of the evidence that he “operated” the vehicle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: Did state prove Anderson "operated" the vehicle while under the influence? | Circumstantial evidence (found in driver’s seat, keys in ignition, overdose in vehicle, no paraphernalia) supports an inference he drove there while impaired. | No direct or circumstantial evidence of movement or operation (engine not running, no damage/awkward parking, Anderson denied driving and named another). | Reversed: insufficient evidence to prove "operate" under R.C. 4511.01(HHH); conviction reversed and defendant discharged. |
| Manifest weight of the evidence | State: evidence supported conviction when viewed in context. | Anderson: lacks evidence of operation; inconsistent/inconclusive facts. | Moot (not decided) because sufficiency reversal disposes of appeal. |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (1998) (weight-of-evidence standard and distinction from sufficiency)
- State v. Cleary, 22 Ohio St.3d 198 (1986) (broad judicial definition of "operate" pre-2004)
- State v. Gill, 70 Ohio St.3d 150 (1994) (driver in seat with key in ignition may be "operating" even if engine not running under earlier law)
- State v. Wallace, 166 Ohio App.3d 845 (1st Dist. 2006) (discussing legislative change defining "operate" to mean causing or having caused movement)
- State v. Richardson, 150 Ohio St.3d 554 (2016) (OVI supported where impairment caused a collision; demonstrates need for evidence linking impairment to operation)