City of Columbus v. Taylor

The primary issue presented in this action is whether appellee’s conviction for violating Section 2133.01(b)(2) of the Columbus City Code was proper. We hold that he was properly convicted and, accordingly, reverse the judgment of the court of appeals and reinstate the judgment of the trial court.

By final judgment entry of the trial court, appellee was convicted and sentenced for violating Section 2133.01 (b)(2).2 Under this per se offense, the prosecution in order to sustain a conviction must prove beyond a reasonable doubt that the defendant was operating a vehicle within the city and that…