State v. Slack

Stephenson, Presiding Judge.

This is an appeal from a judgment of conviction and sentence entered after a bench trial wherein Scott B. Slack, defendant below and appellant herein, was found guilty of operating a motor vehicle while under the influence of alcohol in violation of R.C. 4511.19(A)(1), a first degree misdemeanor. 1 Appellant was sentenced to five days in jail and assessed a fine of $500 and costs. The following error is assigned.

“The Portsmouth Municipal Court should not have overruled the defendant’s second demand for a jury trial.” 2

The following facts, pertinent to this appeal,…