# State v. Torres

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

URL: https://www.frixlaw.com/law-library/cases/3753732

## 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:** Concurrence by Quillin
- **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/3753732

## Opinion text

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
v.
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
v.
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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3753732. Public record. Not legal advice.