State v. Plemons
2012 Ohio 5051
Ohio Ct. App.2012Background
- Officer Dodez struck by a truck during a pursuit while searching for contraband; he sustained severe injuries.
- Plemons, the truck driver, was later stopped; BAC measured at .289 and he appeared intoxicated.
- Witnesses testified Plemons crossed the center line to hit Dodez and showed signs of impairment.
- Jury convicted Plemons of aggravated vehicular assault, failure to stop after a collision, two OVI counts, and a lane violation; aggregate sentence six years.
- Appellant challenged sufficiency/weight of the evidence, Crim.R. 29 denial, and sentencing process; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of the evidence for aggravated vehicular assault | Plemons argues insufficient proximate causation and impairment | State contends evidence supports impairment and causation | Not contrary to weight; evidence sufficient to prove proximate causation |
| Crim.R. 29 denial on sufficiency | Crim.R. 29 motion should have been granted | State contends evidence was sufficient | Denial affirmed; sufficient evidence supported conviction |
| Proper consideration of sentencing under Kalish and RC 2929.11–12 | Argues failure to consider statutes or improper procedure | Court complied; proceedings valid | Court properly considered statutes; challenged aspects harmless |
Key Cases Cited
- State v. Frashuer, 2010-Ohio-634 (9th Dist. 2010) (sufficiency review standard for Crim.R. 29)
- State v. Morris, 2011-Ohio-6594 (9th Dist. 2011) (sufficiency/weight framework in appellate review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing evidence in criminal cases)
- State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step sentencing review; presumption of proper consideration of RC 2929.11–12)