Opinion

State v. Torres

  • 31 Ohio App. 3d 118
  • 31 Ohio B. 204
  • 508 N.E.2d 970
  • 1986 Ohio App. LEXIS 10127
Court
Ohio Court of Appeals
Filed
Apr 2, 1986
Status
Published
Author
Baird
On the bench
George, Quillin, Baird
Cited by
13 cases

The opinion

Baird, J.,

dissenting. The elements of these crimes do not coincide. One requires proof of recklessness, while the other does not. One requires proof of a misdemeanor, while the other does not. Particularly where, as here, the involuntary manslaughter charge may be supported by the driving while under suspension misdemeanor, it is entirely possible that a person may be proved guilty of involuntary manslaughter without having at the same time been proved guilty of the less serious crime of aggravated vehicular homicide. The legislative intent is made clear by the establishment of separate crimes having different, separate and distinct elements. The defendant may be sentenced for both crimes.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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