State v. Hicks
2012 Ohio 3831
Ohio Ct. App.2012Background
- State appeals a trial court dismissal of an indictment charging Hicks with aggravated vehicular assault under R.C. 2903.08(A)(1)(a).
- Hicks had earlier been convicted of OVI under R.C. 4511.19(A), the same incident, which the State concedes cannot serve as a predicate for the aggravated vehicular assault conviction.
- The trial court dismissed the indictment on double jeopardy grounds, prompting the State’s appeal.
- The State argued Hicks waived the double jeopardy issue under Crim.R. 12, but the court had invited the issue and proceeded.
- The State sought to amend the indictment to R.C. 2903.08(A)(2)(b); the court denied the motion as changing the crime’s identity under Crim.R. 7(D).
- The court ultimately affirmed the dismissal and held that costs could be taxed to the State as part of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the double jeopardy dismissal was correct. | Hicks. | Hicks. | Dismissal affirmed. |
| Whether Crim.R. 12 requires pretrial preservation of double jeopardy defenses. | State argued waiver; timing was optional. | Hicks was timely to raise the issue; the matter could have been decided pretrial. | Invited-error doctrine applied; State invited error; issue preserved for appeal but not decided against Hicks. |
| Whether the trial court erred in denying the State’s motion to amend the indictment under Crim.R. 7(D). | State contends amendment would keep the same crime. | Amendment would not change the identity of the offense. | Denial upheld; amendment would have changed the name/identity of the charged offense. |
| Whether the court could tax court costs against the State after dismissal. | State argues court costs cannot be charged to the State. | Costs are a civil obligation by implied contract; statute not show otherwise. | Court costs properly taxed to the State; rejection of the constitutional/statutory challenge. |
Key Cases Cited
- State v. Standen, 173 Ohio App.3d 324 (2007-Ohio-5477) (invited-error doctrine; error raised for first time on appeal)
- State v. Brown, 119 Ohio St.3d 447 (2008-Ohio-4569) (double-jeopardy protections; elements and standards)
- State v. Tolbert, 60 Ohio St.3d 89 (1991) (jeopardy protections apply to states via Fourteenth Amendment)
- State v. Sellards, 17 Ohio St.3d 169 (1985) (indictment quality; notice and defense rights)
- State v. Davis, 121 Ohio St.3d 239 (2009-Ohio-4537) (elements of aggravated vehicular assault; comparison of sections)