State v. Cunningham
2017 Ohio 377
| Ohio Ct. App. | 2017Background
- Kenneth Cunningham was indicted for a third-degree felony OVI after an ATV crash on April 9, 2013; indictment alleged he operated the ATV while under the influence and recited two prior felony OVI convictions.
- Emergency responders found Cunningham injured in the roadway in front of a bar around 11:30 p.m.; he had abrasions, a punctured lung, and a possible concussion.
- A paramedic and an Ohio State Highway Patrol trooper observed an odor of alcohol, slurred/slow speech, bloodshot/glassy eyes, and resting nystagmus; Cunningham denied involvement in the crash and refused a blood test.
- The jury found Cunningham guilty; prior felony convictions were stipulated, removing that element from jury consideration.
- At sentencing the trial court imposed five years’ imprisonment (plus a lifetime license suspension and fine), but on appeal the court of appeals agreed the five-year term exceeded the lawful maximum and reduced the sentence to 36 months (including the mandatory 60 days).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that defendant was "under the influence" when operating | State: Totality of circumstantial and testimonial evidence (odor, speech, eyes, nystagmus, single-vehicle crash, refusal to test) supports conviction | Cunningham: Observed signs explained by injuries/concussion from crash; no chemical-test results; evidence vague | Court: Overruled—viewing evidence in light most favorable to prosecution, a rational juror could find guilt beyond a reasonable doubt |
| Constitutionality of elevating OVI to a felony based on prior convictions | State: Statutory elevation and specifications are rationally related to legitimate state interests | Cunningham: Statute unlawfully allows arbitrary prosecutorial elevation and violates equal protection (relying on Klembus) | Court: Overruled—Ohio Supreme Court had held the statutory elevation does not violate equal protection; no plain-error relief required |
| Lawfulness of five-year sentence for third-degree felony OVI (when no 5+ OVI-in-20-years specification applies) | State: Trial court followed Twelfth Dist. precedent allowing up to five years under R.C. 4511.19(G)(1)(e)(i) | Cunningham: Maximum for third-degree felony (without the special specification) is governed by general sentencing statutes and is lower | Court: Held five-year sentence contrary to law; maximum lawful term for third-degree OVI without the 5-in-20 specification is 36 months (with 60 days mandatory) — sentence modified |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (circumstantial and direct evidence have equal probative value)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency from weight of evidence)
- State v. Goff, 82 Ohio St.3d 123 (Ohio 1998) (standard for sufficiency review)
- State v. Schmitt, 101 Ohio St.3d 79 (Ohio 2004) (field sobriety tests not required; lay testimony about intoxication admissible)
- City of Maumee v. Anistik, 69 Ohio St.3d 339 (Ohio 1994) (jury may consider refusal to submit to chemical test)
- State v. Bobo, 37 Ohio St.3d 177 (Ohio 1988) (time and location are probative in intoxication assessments)
- State v. South, 144 Ohio St.3d 295 (Ohio 2015) (clarifies that the maximum discretionary prison term for a third-degree felony OVI is 36 months; mandatory terms depend on specifications)
- State v. Klembus, 146 Ohio St.3d 84 (Ohio 2016) (upholds constitutionality of OVI-sentencing specifications and harmonizes sentencing scheme)