State v. Sims
2017 Ohio 8379
| Ohio Ct. App. | 2017Background
- Shawntel Sims was stopped for an alleged window-tint violation and cited for four petty offenses: tinted window, driving under OVI suspension, safety-restraint violation, and driving under financial-responsibility-law suspension.
- Sims timely filed a written demand for a jury trial and a motion to suppress the stop/evidence.
- After the court denied the motion to suppress, Sims entered no-contest pleas; the court accepted them and entered convictions.
- Sentences: for driving under OVI suspension — 180 days jail plus $500 fine and costs; for driving under financial-responsibility suspension — 30 days jail plus $10 fine and costs; for the tint and safety-restraint offenses the court imposed costs only.
- The appellate court dismissed the appeal as to the tint and safety-restraint charges because entries imposing only costs were not final, and it reviewed the remaining convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court must obtain a written jury-waiver under R.C. 2945.05 before accepting a no-contest plea after a timely jury demand in a petty-offense case | Not applicable (State argued trial court acted properly) | Sims: written jury waiver required under R.C. 2945.05 and Fish; without it court lacked jurisdiction to accept no-contest pleas | Court held R.C. 2945.05 requires written waiver only to be "tried by the court," not to accept guilty/no-contest pleas; Fish overruled to that extent; no written waiver required and court had jurisdiction |
| Whether the traffic stop was supported by reasonable suspicion (motion to suppress) | Deputy had reasonable suspicion based on observation that passenger window was so dark that he could not see occupants and a tint-meter reading indicating excessive tint | Sims: deputy misread tint-meter (it showed light transmitted, not blocked) and deputy’s claim he couldn’t see inside was against manifest weight | Court upheld denial of suppression: accepting trial-court fact findings, deputy’s observation that it was almost impossible to see inside provided reasonable, articulable suspicion for the stop |
Key Cases Cited
- State v. Tate, 59 Ohio St.2d 50 (Ohio 1979) (held written waiver required before trying petty-offense case to the bench)
- State ex rel. Jackson v. Dallman, 70 Ohio St.3d 261 (Ohio 1994) (requires strict compliance with R.C. 2945.05 for waiver of jury trial)
- Martin v. Maxwell, 175 Ohio St. 147 (Ohio 1963) (R.C. 2945.05 not applicable where defendant pleads guilty)
- State ex rel. Stern v. Mascio, 75 Ohio St.3d 422 (Ohio 1996) (a no-contest plea waives the right to a jury trial)
- State v. Mays, 119 Ohio St.3d 406 (Ohio 2008) (Fourth Amendment: traffic stop lawful with reasonable, articulable suspicion)
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979) (Fourth Amendment principles governing vehicle stops)