Akron v. Johnson , 2012 Ohio 1387 ( 2012 )

[Cite as Akron v. Johnson, 2012-Ohio-1387.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
CITY OF AKRON C.A. No. 26047
Appellee
v. APPEAL FROM JUDGMENT
ENTERED IN THE
DUANE JOHNSON AKRON MUNICIPAL COURT
COUNTY OF SUMMIT, OHIO
Appellant CASE No. 11TRD02906
DECISION AND JOURNAL ENTRY
Dated: March 30, 2012
CARR, Judge.
{¶1} Appellant, Duane D. Johnson, appeals the judgment of the Akron Municipal
Court. This Court affirms.
I.
{¶2} On February 23, 2011, Duane Johnson was charged with driving in the wrong
direction on a one-way street and failing to yield to oncoming traffic at an intersection. The
matter was heard before a magistrate on March 17, 2011. Mr. Johnson was found guilty of
driving the wrong direction on a one way street, but not guilty of failing to yield. Mr. Johnson
filed an objection to the magistrate’s decision on March 29, 2011. The trial court subsequently
issued a journal entry adopting the magistrate’s decision on April 27, 2011. Mr. Johnson has
appealed to this Court.
2
II.
{¶3} Mr. Johnson has not set forth any assignments of error in his merit brief as
required by App.R. 16(A)(3). Mr. Johnson’s brief is also devoid of any statement of the
pertinent issues and facts before this Court as required by App.R. 16(A)(4) and (6). Mr.
Johnson’s brief contains a brief argument in which he asserts that he should not have been given
a traffic citation because the City of Akron did not take the necessary steps to notify him that the
street in question, Perkins Park Dr., is considered a public street. However, Mr. Johnson neither
cites to legal authority in support of his argument as required by App.R. 16(A)(7), nor does he
support his argument with citations to the trial court record. This Court has frequently observed
that “an appellant’s assignment of error provides this Court with a roadmap to guide our review.”
Taylor v. Hamlin-Scanlon, 9th Dist. No. 23873, 2008-Ohio-1912, ¶ 12, citing App.R. 16(A). We
decline to chart our own course when, as in this case, an appellant fails to provide any guidance.
App.R. 12(A)(2). To the extent that Mr. Johnson has assigned errors, they are overruled.
III.
{¶4} To the extent that Mr. Johnson has assigned errors, they are overruled. The
judgment of the Akron Municipal Court is affirmed.
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Akron Municipal
Court, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
3
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
DONNA J. CARR
FOR THE COURT
WHITMORE, P. J.
DICKINSON, J.
CONCUR
APPEARANCES:
DUANE JOHNSON, pro se, Appellant.
CRAIG MORGAN, Attorney at Law, for Appellee.