State v. Lee
191 Ohio App. 3d 219
Ohio Ct. App.2010Background
- Defendant Peter V. Lee Jr. was convicted of operating a vehicle under the influence after a traffic stop for speeding in Fayette County, Ohio.
- A trooper observed Lee’s impaired appearance and tested Lee’s breath at .240 g/210 L, with Lee admitting drinking that evening.
- Lee had five prior OVI convictions, two of which were felonies, leading to felony-enhancement specifications in the indictment.
- Lee moved to suppress prior convictions and dismiss the specifications; the trial court overruled these motions, and a jury found Lee guilty including the felony specification.
- Lee challenged the verdict as legally insufficient and contested the jury form’s accuracy concerning prior felonies.
- The appellate court ultimately sustained the second assignment of error, reversed the felony-enhancement conviction due to inconsistent jury findings, and remanded for a new trial; it also sustained the first assignment of error regarding admissibility of the BMV transcript and reversed the judgment on that basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of the BMV transcript | Lee contends the BMV transcript was improperly certified and not self-authenticating. | State contends transcript is admissible to prove prior convictions. | BMV record improperly admitted; reversal of conviction on this basis. |
| Validity of felony-enhancement verdict | Lee argues the verdict form misreported the number of prior felonies, invalidating the enhancement. | State argues the conviction is sustained by evidence, and any error is harmless because the form shows felonies. | Second assignment sustained; conviction for OVIs with enhancements reversed and remanded for a new trial. |
Key Cases Cited
- State v. Rodriguez, 2009-Ohio-4460 (Ohio Ct. App. 2009) (sufficiency standard for Crim.R. 29 reviewed as sufficiency of evidence)
- Thompkins, 1997-Ohio-52 (Ohio Sup. Ct. 1997) (establishes standard for sufficiency of evidence)
- Pelfrey, 112 Ohio St.3d 422 (Ohio Sup. Ct. 2007) (defect in verdict form; enhancement validity; remand guidance)
- McCallum, Medina App. No. 08CA0037-M, 2009-Ohio-1424 (Ohio App. Dist.) (BMV records authentication deficiencies; admissibility of certified records)
- Huckabee, 2004-Ohio-5593 (Ohio App. Dist. 2004) (reversible error where verdict findings inconsistent with record evidence)