State v. Holnapy

956 N.E.2d 897, 194 Ohio App. 3d 444
CourtOhio Court of Appeals
DecidedJune 17, 2011
DocketNo. 2010-L-072
StatusPublished
Cited by10 cases

This text of 956 N.E.2d 897 (State v. Holnapy) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Holnapy, 956 N.E.2d 897, 194 Ohio App. 3d 444 (Ohio Ct. App. 2011).

Opinion

Cynthia Westcott Rice, Judge.

{¶ 1} Appellant, Jon W. Holnapy, appeals the judgment of the Lake County Court of Common Pleas denying his motion to suppress and his conviction by a jury of operating a motor vehicle while under the influence of alcohol (“OVI”). At issue is whether the police had probable cause to arrest him and whether [449]*449sufficient evidence was presented to support his conviction. For the reasons that follow, we affirm.

{¶ 2} Appellant was indicted for operating a motor vehicle while under the influence of alcohol, a drug of abuse, or a combination of both, in violation of R.C. 4511.19(A)(1)(a), a felony of the fourth degree, with a specification that he had previously been convicted of five or more OYI offenses within the last 20 years, in violation of R.C. 2941.1413.

{¶ 3} Appellant pleaded not guilty and filed a motion to suppress evidence. A hearing was held on the motion, following which appellant’s motion was overruled. Subsequently, the case proceeded to jury trial.

{¶ 4} Scot Wallace testified that during the afternoon of September 28, 2009, while he was in the parking lot of the Lake County Department of Job and Family Services (“JFS”) in downtown Painesville, he saw a car that was attempting to enter the parking lot hit a yellow concrete pole at the entrance. The driver backed up and then drove forward again, crashing into the pole a second time. The driver then backed up again, entered the parking lot, and parked his car. The driver exited his car and walked around to the front of the car, staggering. He then walked along the side of the building facing State Street out of Wallace’s sight. As he was walking, the driver kept turning around, throwing his arms up in the air, and talking out loud to himself.

{¶ 5} Wallace called the police and reported the crash. He described the male as wearing a plaid flannel shirt and blue jeans. He said that the male appeared to be intoxicated and was walking away from the JFS parking lot toward State Street.

{¶ 6} Painesville Police Officer Larry Armstrong was dispatched to JFS at 2:34 p.m. While approaching JFS, he saw a male matching the driver’s description walking away from JFS north on State Street. The officer pulled into the parking lot of a bakery on State Street just a few buildings north of JFS. While seated in his cruiser, Armstrong watched the male as he walked toward him. While walking, the male was swaying, walking side to side on the sidewalk, and stumbling.

{¶ 7} Armstrong stepped out of his cruiser and walked to the sidewalk as the male approached him. The officer recognized the male as appellant due to previous encounters with him.

{¶ 8} Armstrong asked appellant where he was coming from. Appellant said that he was coming from Family Dollar and was heading home on Sanford Street. Armstrong said he knew that appellant was lying because he had seen him walking north on State Street, which is nowhere near Family Dollar. He also [450]*450said that appellant’s story made no sense because the path appellant described was far out of his way.

{¶ 9} Armstrong testified that appellant appeared to be intoxicated. His eyes were bloodshot, he was slurring his speech, and he was swaying as he stood. While Armstrong was talking to appellant, Painesville Police Officer Michael Bailey arrived and joined the conversation. Armstrong asked appellant whether he had been drinking, and appellant said that he had had three beers within the last hour.

{¶ 10} Bailey testified that appellant exactly matched the description that he had been given. He asked appellant whether he had been involved in the crash in the JFS parking lot, and appellant said that he had not. Bailey said that appellant had bloodshot eyes and was swaying as he stood. Appellant said that he was on medication and that he was surprised that the beers had affected him the way they had.

{¶ 11} Both officers testified that in their opinion, appellant was under the influence of alcohol, a drug of abuse, or a combination of both.

{¶ 12} Armstrong checked on appellant’s driving status and was advised by dispatch that his license was suspended.

{¶ 13} Based on the foregoing, Bailey decided that they had sufficient information to detain appellant in order to continue their investigation at the crash scene. The officers asked appellant to get into Bailey’s car so they could drive him to JFS, and he agreed. Bailey said that appellant was neither handcuffed nor arrested. He drove appellant to JFS, which was two blocks away.

{¶ 14} Upon arrival, the officers observed damage to a yellow cement pole at the entrance of the parking lot. They also observed vehicle debris, including broken glass, near the pole.

{¶ 15} Appellant pointed out the vehicle that was involved in the crash and said that it was his wife’s car. The vehicle had sustained heavy front-end damage to the bumper and hood. It also had a yellow paint transfer, which was consistent with the vehicle having struck the pole.

{¶ 16} Armstrong ran the vehicle’s license plate and determined that its owner was Tenisha Holnapy, who, he said, is appellant’s wife.

{¶ 17} The witness Scot Wallace was still on the scene. Bailey asked Wallace whether he could identify the driver if he saw him again, and Wallace said that he could. Bailey then walked him over to his cruiser, and Wallace identified appellant.

{¶ 18} Bailey asked appellant to perform field sobriety tests, but he refused due to an alleged prior injury. Bailey then arrested appellant. He said that [451]*451probable cause was based on the following factors: appellant matched Wallace’s description; appellant appeared to be under the influence of alcohol, drugs, or both; the vehicle involved in the crash was owned by appellant’s wife; and appellant was driving under suspension. The location where he was found was also a factor.

{¶ 19} Armstrong requested that appellant’s vehicle be towed. He asked appellant, who was still seated in the back of Bailey’s cruiser, for the key to his car for the tow-truck operator. Appellant retrieved the key from his shoe.

{¶ 20} Bailey then transported appellant to the police station. Appellant was advised of and waived his Miranda rights. At the station, for the first time, Bailey detected a faint odor of alcohol coming from appellant’s person. Appellant admitted that he was the driver of the vehicle that was involved in the crash. He said that he drove his wife’s car within one hour after drinking three beers. He said that he was driving from his house on Sanford and was going to JFS. When asked whether he was on medication, appellant said that he was on Percocet and that his last dose was at 6:00 a.m. that day. Bailey asked appellant to take a breathalyzer test, but he refused.

{¶ 21} Both officers testified that appellant did not appear to be injured and did not complain of any injury or request any medical attention. They also said that he answered their questions appropriately and did not appear to be confused.

{¶ 22} The parties stipulated that appellant has been convicted of five OVI offenses within the last 20 years.

{¶ 23} For the defense, Tenisha Holnapy testified that appellant is her husband and lives with her. She said that on September 28, 2009, Armstrong called her and said that her vehicle had been involved in a crash. She said that before the crash, there was no damage to the car’s front bumper or hood.

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Cite This Page — Counsel Stack

Bluebook (online)
956 N.E.2d 897, 194 Ohio App. 3d 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holnapy-ohioctapp-2011.