# State v. Torres

> Ohio Court of Appeals · April 2, 1986 · 31 Ohio App. 3d 118

URL: https://www.frixlaw.com/law-library/cases/3753731

## Case

- **Full name:** The State of Ohio, Appellee, v. Torres, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** April 2, 1986
- **Citations:** 31 Ohio App. 3d 118; 31 Ohio B. 204; 508 N.E.2d 970; 1986 Ohio App. LEXIS 10127
- **Precedential status:** Published
- **Opinion:** Dissent by Baird
- **Judges:** George, Quillin, Baird
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3753731

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3753731. Public record. Not legal advice.