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: Quillin
On the bench: George, Quillin, Baird
Cited by: 13 cases
Authority: More cited than 43.4%

The opinion

Quillin, J.,

concurring. In the present case, we have one death arising out of one automobile collision. The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution prohibits, among other things, cumulative punishments for the same offense.

Brown

Ohio

(1977), 432 U.S. 161 . To the same effect is Section 10, Article I of the Ohio Constitution. Whether punishments are cumulative so as to violate these constitutional limitations is ultimately a question of legislative intent.

Ohio

Johnson

(1984), 467 U.S. 493 . I do not believe it is “evident that [the] state legislature intended to authorize cumulative punishments,”

Johnson, swpra,

at 499, fn. 8, in cases such as the one before us.

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