State v. Loop, Unpublished Decision (12-20-1999)
State v. Loop, Unpublished Decision (12-20-1999)
Opinion of the Court
In his first assignment of error, appellant claims that the complaint was defective.1 Appellant essentially claims that the complaint was defective because the Ohio Uniform Traffic Ticket issued to appellant was not verified by a sufficient affidavit and was not issued by a prosecuting attorney. These arguments and others presented by appellant under this assignment have been previously addressed and rejected both by this and other appellate courts throughout Ohio. See State v. Gibson (June 19, 1995), Clermont App. No. CA95-02-014, unreported; State v. Tate (Apr. 20, 1999), Franklin App. No. 98AP-759, unreported; State v.Morgan (Sept. 13, 1996), Montgomery App. No. 15351, unreported; and State v. Douglas (Nov. 1, 1993), Ashland App. No. CA-1044, unreported. Accordingly, appellant's first assignment of error is overruled.
In his second assignment of error, appellant claims he was not informed of the nature of the charge against him. This assignment is based upon appellant's assertion that the state failed to respond to his request for a bill of particulars. We find no merit to this contention. In response to appellant's request, the state filed a bill of particulars with the trial court on September 28, 1998 and served a copy on appellant. For this reason, appellant's second assignment of error is overruled.
Appellant's third assignment of error claims the trial court lacked subject matter jurisdiction. The Ohio Uniform Traffic Ticket charged appellant with a violation of R.C.
Appellant's fourth, fifth, and sixth assignments of error all focus on his claim that the Revised Code section under which he was convicted was invalid since there was no "enacting clause" in the legislation. In the same vein, the seventh assignment of error claims the law was invalid because it did not have a "title." Similar arguments on legislative enacting clauses were rejected by the court in Tate. That same analysis defeats appellant's position regarding the absence of a title. Accordingly, appellant's fourth, fifth, sixth, and seventh assignments of error are overruled.
The eighth assignment of error submits that the Revised Code is of an "unknown and uncertain authority." Again, a similar argument was rejected in Tate. For the same reasons expressed by the Tate court, we hereby overrule appellant's eighth assignment of error.
In his ninth assignment of error, appellant claims that R.C.
Judgment affirmed.
POWELL, P.J., and YOUNG, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.