Hollerich then entered the special plea, to avoid going to trial, and appealed the ruling.
During a sentencing hearing on July 3, 2012, Westphal stayed a prison sentence with the conditions he serve 148 days in jail and pay a $1,000 fine. Hollerich was given credit for the the 58 days he served in jail before the plea, which includes credit for good time. Westphal also ordered another 45 days in jail, with a start date that would be determined after the appeal, and another 45 days of sentence to service in lieu of jail time.
In a ruling released this week, the Court of Appeals upheld the conviction saying it was reasonable for Westphal to infer there was a sidewalk without Winsell specifically saying so during testimony. The ruling also pointed out there was no evidence presented by Hollerich that suggested there wasn't a sidewalk.
A hearing has been set for October to address the remainder of Hollerich's sentence. For the record, there is a sidewalk that runs across the alley where Hollerich failed to stop.