State v. Collins

Francis E. Sweeney, Sr., J.

Today we are asked to determine whether an offense classified as a minor misdemeanor is a misdemeanor for purposes of the involuntary manslaughter statute, R.C. 2903.04(B). For the following reasons, we answer this question in the negative.

*116R.C. 2903.04(B) provides that “[n]o person shall cause the death of another as a proximate result of the offender’s committing or attempting to commit a misdemeanor.” The underlying “misdemeanor” the jury found defendant committed was a violation of R.C. 4511.43, the failure to stop at a clearly marked stop sign. However, a…