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The Ohio Sixth District Court of Appeals has upheld the conviction of a woman involved in a September 2023 fatal vehicular accident on the High Level Bridge in Toledo.
According to court records, Jewel Martinez was driving 82 miles per hour on the wrong side of the bridge when she struck an approaching vehicle head-on, killing the other driver. Her blood/alcohol level was .18. She was also driving under suspension due to a prior conviction for operating a vehicle while impaired.
In December 2023, she was indicted on two counts of aggravated vehicular homicide, two counts of operating a motor vehicle while under the influence of alcohol or drugs, and one count of driving while under an OVI suspension.
Martinez’ appeal stems from a hearing on Jan. 9, 2024 in which a Lucas County Common Pleas Court judge denied bail for the defendant, finding that there was no condition of release that could reasonably assure the public’s safety following the defendant’s indictment.
Martinez’ appeal argued the section of the Ohio Revised Code pertaining to denial of bail violated the U.S. Constitution because it authorizes automatic detention without due process safeguards.
Martinez also contended the trial court violated the Sixth Amendment of the Constitution by allowing the prosecution to request a bail hearing without the defendant being represented by counsel; and the court erred by denying bond before holding a hearing or making any findings.
In April 2024, Martinez entered guilty pleas to one count of aggravated vehicular homicide, a first degree felony; one count of operating a motor vehicle while under the influence of alcohol or drugs, a first degree misdemeanor; and one count of driving while under an OVI suspension, a first degree misdemeanor.
The remaining charges were dismissed and the trial court imposed a prison term of nine to 12 years.
The appeals court noted that while Martinez’ appeal was restricted to the Jan. 9, 2024 judgment of the trial court, the guilty pleas must be considered in the appellate review.
“A defendant who enters a guilty plea waives the right to raise most issues on appeal unless such errors are shown to have precluded the defendant from voluntarily entering his or her plea…,” the appeals court wrote. The voluntariness of appellant’s (Martinez) guilty plea is not before this court in this case.”
The appeals court also noted that the Ohio Revised Code “expressly authorizes a hearing to be held ‘On the judge’s own motion,’ as the record shows was done in this case.”
