State v. Ericksen, 2019 Ohio 3644

On Sept. 29, 2017, Christopher C. Ericksen drove a vehicle that caused a collision in which Kimberly Jo Locker suffered catastrophic injuries (both legs amputated, optic nerve damage, burns over ~70% of body) and millions in medical expenses.
A Carroll County grand jury indicted Ericksen on four counts: aggravated vehicular assault (R.C. 2903.08(A)(1)(a)), vehicular assault, and two DWIs under R.C. 4511.19(A)(1).
Ericksen initially pleaded not guilty but, following plea negotiations, entered a no-contest plea to an agreed 48-month mandatory prison term; the court merged offenses into count one and imposed sentence and fines.
On appeal Ericksen argued the indictment was defective because it failed to identify the specific subsection of R.C. 4511.19 that served as the predicate offense for aggravated vehicular assault.
The State had filed a bill of particulars that recited date, location, victim, and that the serious physical harm was the proximate result of a violation of R.C. 4511.19(A); the trial court accepted the plea and found the indictment sufficient.
The Seventh District affirmed, holding the indictment and bill of particulars gave Ericksen adequate notice and that a no-contest plea waived non-jurisdictional defects absent plain error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the indictment was defective for failing to specify which subsection of R.C. 4511.19 was the predicate offense for aggravated vehicular assault (R.C. 2903.08(A)(1)(a))	The State argued the indictment and bill of particulars tracked the statute, alleged the elements (serious physical harm proximately resulting from a violation of R.C. 4511.19(A)), and gave sufficient notice of the charged offense	Ericksen argued the indictment was defective because it did not identify the specific subsection/predicate offense of R.C. 4511.19, rendering the conviction void	Court held the indictment and bill of particulars were sufficient; a no-contest plea waived nonjurisdictional defects and there was no plain error. Judgment affirmed.

State v. Bird, 81 Ohio St.3d 582 (no-contest plea waives nonjurisdictional defects; plea admits truth of indictment allegations)
State ex rel. Stern v. Mascio, 75 Ohio St.3d 422 (indictment must contain sufficient allegations to charge a felony)
State ex rel. Bandarapalli v. Gallagher, 128 Ohio St.3d 314 (writ of prohibition is not the proper remedy for an allegedly defective indictment; regular appeal remedies exist)
State v. Headley, 6 Ohio St.3d 475 (where an element such as type of controlled substance is essential, omission cannot be cured by amendment)