COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69312 CITY OF BEACHWOOD : : ACCELERATED DOCKET : PLAINTIFF-APPELLEE : JOURNAL ENTRY : v. : AND : RENNIS ROUSE, JR. : OPINION : : PER CURIAM DEFENDANT-APPELLANT : DATE OF ANNOUNCEMENT OF DECISION: JANUARY 23, 1997 CHARACTER OF PROCEEDING: Criminal appeal from Shaker Heights Municipal Court, Case No. 94-TRC-1481. JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-appellee: Louis H. Orkin Law Director Avery Fromet Prosecuting Attorney for City of Beachwood 23625 Commerce Park Road Beachwood, Ohio 44122 For Defendant-appellant: Christopher J. Mallin, Esq. P.O. Box 46565 Bedford, Ohio 44146 - 2 - PER CURIAM: An accelerated appeal is authorized pursuant to App.R. 11.1 and Loc.App.R. 25. The purpose of an accelerated docket is to allow an appellate court to render a brief and conclusionary decision. Crawford v. Eastland Shopping Mall Assn. (1983), 11 Ohio App.3d 158; App.R. 11.1(E). Defendant-appellant Rennis Rouse, Jr., appeals from his administrative license suspension (R.C. 4511.191) which was imposed subsequent to his arrest for driving while under the influence of alcohol. Execution of the sentence has been stayed pending the outcome of this appeal. The sole assignment of error presented by appellant is that the continued criminal prosecution for driving under the influence after the administrative license suspension was issued constitutes a violation of appellant's right to be free from double jeopardy. See the Fifth Amendment to the United States Constitution; Article I, Section 10 of the Ohio Constitution. The Supreme Court, in State v. Gustafson (1996), 76 Ohio St.3d 425, paragraph one of the syllabus, stated that double jeopardy does not preclude criminal prosecution for driving under the influence subsequent to the imposition of an administrative license suspension pursuant to R.C. 4511.191. Also see City of Lakewood v. Polomsky (December 19, 1996), Cuyahoga App. No. 70684, unreported. Accordingly, the trial court did not err in not dismissing the criminal prosecution herein. Judgment affirmed. - 3 - It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Shaker Heights Municipal Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES D. SWEENEY, C.J. PATRICIA A. BLACKMON, J. JOHN T. PATTON, J. N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .