Criminal procedure—Involuntary manslaughter—R.C. 2903.04(B), as applied to a minor misdemeanor traffic offense which results in a vehicular homicide, does not violate the Eighth Amendment to the United States Constitution or Section 9, Article I of the Ohio Constitution—Court of appeals' judgment affirmed on authority of State v. Weitbrecht.
[This opinion has been published in Ohio Official Reports at
87 Ohio St.3d 35
.]
THE STATE OF OHIO, APPELLEE, v. CARPER, APPELLANT.
[Cite as State v. Carper,
1999-Ohio-235
.]
Criminal procedure—Involuntary manslaughter—R.C. 2903.04(B), as applied to a
minor misdemeanor traffic offense which results in a vehicular homicide,
does not violate the Eighth Amendment to the United States Constitution or
Section 9, Article I of the Ohio Constitution—Court of appeals’ judgment
affirmed on authority of State v. Weitbrecht.
(No. 99-927—Submitted September 15, 1999—Decided October 13, 1999.)
CERTIFIED by the Court of Appeals for Fayette County, No. CA98-06-009.
__________________
William N. Eachus and Jeffrey L. Finley, for appellant.
__________________
{¶ 1} The judgment of the court of appeals is affirmed on the authority of
State v. Weitbrecht (1999),
.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK AND LUNDBERG
STRATTON, JJ., CONCUR.
PFEIFER, J., dissents for the reasons stated in his dissenting opinion in State
v. Weitbrecht (1999),