Youngstown Daily Legal News

36-month sentence affirmed for man who left scene of fatal car accident

JESSICA SHAMBAUGH
Special to the Legal News
Published: September 24, 2013

The Butler County Court of Common Pleas acted within its discretion when it sentenced a man to 36 months in prison for leaving the scene of an accident, according to a recent 12th District Court of Appeals ruling.

Julio Cesar Olvera was first indicted in May 2011 for his involvement in an accident that resulted in the death of Jennifer Bowling.

Case summary states that Olvera was driving in April 2011 when he went left of center and struck Bowling’s vehicle.

After the collision, Olvera got out of his vehicle and saw Bowling lying in her car.

He later testified that despite seeing Bowling’s condition, he neglected to offer any first aid or alert emergency personnel.

Olvera and his passenger left the scene and walked to his nearby residence so his roommate could drive them to the emergency room.

It was there that Olvera admitted his injuries had been caused in an auto accident.

Bowling later died of her injuries.

Olvera was indicted for vehicular manslaughter, failure to stop after an accident, operating a motor vehicle without a valid license, operating a motor vehicle without proof of financial responsibility and driving left of center.

Although he was not charged with any offenses involving alcohol, evidence later showed that Olvera had been drinking on the evening of the accident.

In June 2011, Olvera pleaded guilty to vehicular manslaughter and driving left of center.

For those convictions, the trial court sentenced him to 90 days in jail.

He proceeded to trial on the remaining charges and the jury found him guilty of failure to stop after an accident.

The trial court sentenced him to 36 months in prison and Olvera appealed.

“In his sole assignment of error, Olvera argues the trial court erred in sentencing him to the maximum 36-month prison sentence because the trial court relied on uncharged conduct in making its sentencing decision,” 12th District Judge Robin Piper wrote for the court.

Olvera claimed the trial court issued a more severe sentence because he neglected to offer Bowling assistance, did not call emergency services and fled the scene to avoid detection for a more serious crime.

During sentencing the trial court made a reference to Olvera’s avoidance of an aggravated vehicular homicide charge.

“The inference is inescapable that you left the scene of the accident to avoid being charged with a more serious offense such as aggravated vehicular homicide, and that’s where you have an accident, somebody dies, and the accident is caused by your violation of the drunk driving laws of Ohio,” the trial court stated at sentencing.

Still, the three-judge appellate panel found no merit to Olvera’s claim.

It held that his 36-month sentence fell within the statutory range for his third-degree felony.

It further determined that the trial court considered all of the relevant factors regarding seriousness and recidivism.

“The trial court considered the severity of the accident, which resulted in the death of the other driver. The court noted the uncontested fact that Olvera fled the scene of the accident without summoning emergency personnel of attempting to assist the other driver in any way. Finally, the trial court acknowledged the presence of beer in the back seat of the automobile as well as the testimony introduced at trial that Olvera smelled of alcohol at the hospital,” Judge Piper stated.

The judges found that the trial court was permitted to consider all of those factors and overruled the assignment of error.

Presiding Judge Robert Ringland and Judge Michael Powell concurred.

The case is cited State v. Olvera, 2013-Ohio-3992.

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