State v. Tyler, Unpublished Decision (8-29-2002)
State v. Tyler, Unpublished Decision (8-29-2002)
Opinion of the Court
{¶ 2} Appellant raises the following assignment of error:
{¶ 3} "THE STATE FAILED TO MEET ITS BURDEN OF PROVING THE APPELLANT GUILTY BEYOND A REASONABLE DOUBT."
{¶ 4} On December 4, 2000, appellant was driving a semi-tractor truck with double trailers on Route 35 near the Route 138 intersection in Ross County. Appellant felt a "tug" and the vehicle subsequently flipped on its side, causing the two trailers to separate. The authorities later charged appellant with failing to maintain reasonable control of his motor vehicle.
{¶ 5} On August 20, 2001, the trial court held a bench trial. At the trial, Ohio State Highway Patrol Trooper Jennifer J. Stabler testified that she investigated the accident and concluded that the cause of the accident was appellant's failure "to maintain control of his unit, causing him * * * to over correct, going off into the exit ramp and just lost control of his trailers." She further testified that she examined the trailer and did not discover any defects that could have contributed to the accident.
{¶ 6} Ohio State Highway Patrol Sergeant Carolyn M. Zeisler testified that appellant gave her the following written statement:
{¶ 7} "I was west bound on 35, traveling at or about 55 miles per hour without any warning of problem. I felt the truck back and jerk to the left. I felt the truck cab lean left and I saw the exit for State Route 138 out my windshield. I then heard a very loud dragging noise and I realized I was on the side of the truck. All I could think about was I'm still alive. The truck came to rest and I climbed out."
{¶ 8} Appellant testified that before the truck overturned, he felt a "tug." Appellant stated that he decided to turn the wheel to the left because "[i]t should have transferred weight back to the right side."
{¶ 9} On September 24, 2001 the trial court found appellant guilty. The court found that appellant lost control of the vehicle and caused the vehicle to overturn on the driver's side. The trial court rejected appellant's argument that a mechanical defect caused the accident. The court sentenced appellant to pay the costs of the case. Appellant filed a timely notice of appeal.
{¶ 10} In his sole assignment of error, appellant asserts that the prosecution failed to meet its burden of proof. In particular, appellant contends that the prosecution failed to introduce evidence to show the precise cause or reason for the truck to tip over. Appellant contends that "[u]nless and until the state could establish the reason for the truck tipping over, it had not met its burden of proof." We presume that appellant asserts either that insufficient evidence exists to support his conviction or that the trial court's finding of guilt is against the manifest weight of the evidence.
{¶ 11} When an appellate court reviews the sufficiency of the evidence, the inquiry focuses primarily upon the adequacy of the evidence; that is, whether the evidence, if believed, reasonably could support a finding of guilt beyond a reasonable doubt. See State v.Thompkins,
{¶ 12} Employing the above standard, we believe that in the case sub judice the state presented sufficient evidence from which a trier of fact could conclude, beyond a reasonable doubt, that appellant committed the offense of failing to maintain reasonable control of his vehicle. R.C.
{¶ 13} Moreover, we disagree with appellant that the prosecution, in order to satisfy its burden of proof, was required to establish the precise cause of the accident. R.C.
{¶ 14} We also disagree with appellant that the trial court's finding of guilt is against the manifest weight of the evidence. When an appellate court considers a claim that a conviction is against the manifest weight of the evidence, the court must dutifully examine the entire record, weigh the evidence and consider the credibility of witnesses, while being mindful that credibility generally is an issue for the trier of fact to resolve. See, e.g., State v. Thomas (1982),
{¶ 15} In the case at bar, we believe that the record contains substantial competent, credible evidence to support the trial court's conclusion. As we noted above, Trooper Stabler testified that appellant lost control of his vehicle. We therefore disagree with appellant that the trial court's conviction is against the manifest weight of the evidence.
{¶ 16} Accordingly, based upon the foregoing reasons, we overrule appellant's assignment of error and affirm the trial court's judgment.
JUDGMENT AFFIRMED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Chillicothe Municipal Court to carry this judgment into execution.
If a stay of execution of sentence and release upon bail has been previously granted, it is continued for a period of sixty days upon the bail previously posted. The purpose of said stay is to allow appellant to file with the Ohio Supreme Court an application for a stay during the pendency of the proceedings in that court. The stay as herein continued will terminate at the expiration of the sixty day period.
The stay will also terminate if appellant fails to file a notice of appeal with the Ohio Supreme Court in the forty-five day period pursuant to Rule II, Sec. 2 of the Rules of Practice of the Ohio Supreme Court. Additionally, if the Ohio Supreme Court dismisses the appeal prior to the expiration of said sixty days, the stay will terminate as of the date of such dismissal.
A certified copy of this entry shall constitute that mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Harsha, J. Evans, J.: Concur in Judgment Opinion.
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