2012 Ohio 2285
Ohio Ct. App.2012Background
- In the early morning of May 14, 2010, a Twinsburg officer stopped Srp for weaving; multiple sobriety tests were administered.
- Srp had a BAC of .154 and was cited for operating under the influence, prohibited BAC, and weaving; he initially pleaded not guilty.
- Srp moved to dismiss for want of probable cause; after a hearing, the motion was denied and he pled no contest to OVI.
- Plea agreement merged and dismissed the other two charges; Srp was sentenced to 180 days (177 suspended), driving intervention program, and fines with partial suspension; license suspended six months.
- A stay of sentence pending appeal was granted; Srp sought delayed appeal which was granted.
- On appeal, the sole issue was sufficiency of the evidence; the court constrained review to the sufficiency question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence to convict OVI? | Srp contends insufficiency of evidence. | Srp’s no contest plea admits the facts; cannot challenge sufficiency. | No challenge allowed; Bird controls; sufficiency found; conviction affirmed. |
Key Cases Cited
- State v. Bird, 81 Ohio St.3d 582 (1998) (no contest plea binds; plea admits truth of allegations)
- Stern v. Mascio, 75 Ohio St.3d 422 (1996) (plea of no contest requires acceptance of charged offense)