Summary
The Supreme Court of Ohio held that a jury verdict finding a substantial risk of serious physical harm was insufficient to sustain a third-degree-felony conviction for failure to comply with a police officer’s signal when the verdict did not state the offense degree or reference the elements of R.C. 2921.331(B). Under R.C. 2945.75(A)(2), the deficient verdict supported only a first-degree-misdemeanor conviction.
Topics
Practice areas
Questions Presented
- Whether a jury verdict finding that the defendant failed to comply with an order or signal of a police officer and caused a substantial risk of serious physical harm to persons or property, but failing to state the offense degree or reference the elements of R.C. 2921.331(B), satisfies R.C. 2945.75(A)(2).
- Whether the deficient verdict supports a third-degree-felony conviction or only a first-degree-misdemeanor conviction.
Holdings
- A verdict form for a third-degree-felony conviction under R.C. 2921.331(B) and (C)(5)(a)(ii) must either state that the defendant was found guilty of a third-degree felony or set forth the additional elements that elevate the offense from a misdemeanor to a felony, including the willful elusion or flight required by R.C. 2921.331(B).
- The verdict constitutes a finding of guilty of failure to comply with an order or signal of a police officer as a first-degree misdemeanor under R.C. 2921.331(C)(3), rather than a third-degree felony.
Key quotations
“Pursuant to R.C. 2945.75, we find that such a verdict supports only a misdemeanor conviction.” (137 Ohio St. 3d at 517, ¶ 1)
“We hold that pursuant to the clear language of R.C. 2945.75, a verdict form signed by a jury must include either the degree of the offense of which the defendant is convicted or a statement that an aggravating element has been found to justify convicting a defendant of a greater degree of a criminal offense.” (137 Ohio St. 3d at 522, ¶ 17)
“Therefore, the verdict form the jury signed does not set forth the additional elements that enhance the crime of failure to comply from a misdemeanor to a felony; it therefore supports only a misdemeanor conviction.” (137 Ohio St. 3d at 523, ¶ 23)
Factual background
At approximately 3:00 a.m. on September 30, 2010, Officer Gleo Runyon observed Scotty R. McDonald driving at 112 miles per hour and initiated a pursuit after activating his police lights. During the pursuit, McDonald drove at speeds exceeding 80 miles per hour through Ironton, ran stoplights and stop signs, and passed an establishment where people were gathered. McDonald eventually stopped and was arrested; a breath test showed a breath-alcohol level more than twice the legal limit.
Procedural history
McDonald was indicted in the Lawrence County Court of Common Pleas for third-degree-felony failure to comply with a police officer's order or signal under R.C. 2921.331(B) and (C)(5)(a)(ii). The jury found him guilty on a verdict form referencing failure to comply and substantial risk of serious physical harm, and the trial court sentenced him to four years in prison. The court of appeals affirmed, conflicting with the Third District's decision in State v. Schwable; the Supreme Court of Ohio accepted the certified conflict, reversed, and remanded for entry of a first-degree-misdemeanor conviction.
Remand instructions
The trial court must enter a judgment convicting McDonald of failure to comply with the order or signal of a police officer as a first-degree misdemeanor under R.C. 2921.331(C)(3).