State v. Frey

Kline, Judge.

{¶ 1} Brian L. Frey appeals the judgment of the Chillicothe Municipal Court, finding him guilty of vehicle trespass in violation of Chillicothe Revised Ordinance (“R.O.”) 303.09, a fourth-degree misdemeanor, sentencing him to 30 days in jail, and ordering him to pay a fine of $250. Frey contends that R.O. 303.09 and 545.06(d) conflict, and therefore the trial court erred by failing to construe the conflicting ordinances in his favor by imposing the lesser sentence required under R.O. 545.06(d). Because one is a strict-liability offense while the other requires the state to prove…