 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Jenkins2/5/2003
DECISION AND JUDGMENT ENTRY
. This is an appeal from the decision of the Lawrence County Court of Common Pleas in which Defendant-Appellant Delmar D. Jenkins pled guilty to operating a motor vehicle under the influence (OMVI), a third-degree felony in violation of R.C. 4511.19(A)(6), and driving under suspension (DUS), a first-degree misdemeanor, in violation of R.C. 4511.192.
. The court sentenced appellant to a term of three years in prison and a $2,500 fine for the OMVI violation and six months imprisonment for driving under suspension, to be served concurrently.
. Appellant argues that his trial counsel was ineffective, the indictment was fatally deficient, and that the trial court failed to consider the mitigating factors at R.C. 2929.12 when it sentenced appellant. We find that appellant's arguments lack merit and affirm the well-reasoned judgment of the trial court.
I. Proceedings Below
. On November 24, 2001, at approximately 3:43 a.m., Defendant-Appellant Delmar D. Jenkins was driving his truck at an excessive rate of speed down South Ninth Street in the City of Ironton. Officer Joe Ross, who was on patrol at the time, pursued appellant. Drawing closer, Officer Ross noticed that appellant's truck was missing a license plate in the rear. Officer Ross attempted to stop appellant, when appellant suddenly slammed on his brakes, causing the rear of his truck to "fishtail." The truck slid sideways before coming to rest on the curb of the roadway.
. Officer Ross approached the truck in order to assess the situation. He asked appellant several questions, to which appellant responded that he did not have a driver's license and that he was intoxicated. Thereupon, Officer Ross conducted various field sobriety tests, which appellant failed. Officer Ross arrested appellant and took him to the Ironton Police Department. Once there, Officer Ross administered a blood alcohol content (BAC) test, which revealed that appellant's BAC level was .197.
. Appellant was arraigned in the Ironton Municipal Court on charges of driving under suspension, driving under the influence of alcohol, reckless operation, and having an invalid license plate. A preliminary hearing was scheduled for the OMVI charge on November 29, 2001. However, prior to this hearing, the state dismissed the charges in the municipal court and presented the case to the Lawrence County Grand Jury. Appellant was indicted on two counts: one count of operating a motor vehicle under the influence of alcohol, an elevated third-degree felony in violation of R.C. 4511.19(A)(6) because appellant had previously been convicted of driving under the influence as a felony; and one count of driving under suspension, a first-degree misdemeanor, in violation of R.C. 4511.192.
. On December 26, 2001, the trial court conducted a pretrial hearing. At the hearing, the trial court found that appellant had an extensive history of OMVI convictions. In fact, appellant was, at that time, serving community control sanctions for a prior felony OMVI from September 1998. Counsel below, aware of appellant's record and possible sentence, reached a plea agreement with the state. Appellant agreed to plead guilty to both the OMVI and DUS charges. He also agreed to a sentence of three years and a $2,500 fine for the OMVI. In addition, he agreed to a sentence of six months for the DUS, to run concurrently with the OMVI sentence. Furthermore, appellant's driver's license would be revoked for his lifetime. In return, the state agreed not to prosecute appellant for violating his community control sanctions and to recommend the above sentence to the court.
. During the senten
Page 1 2 3 4 5 6 7 8 9 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|