State v. Barnhart

Citations

• 2023 Ohio 3488

Syllabus

By pleading guilty to R.C. 2921.331(B), a defendant admits causing a substantial risk of serious physical harm to persons or property and even if a defendant does not actually cause physical harm, maximum sentence is not clearly and convincingly unsupported by the record or otherwise contrary to law where defendant leads officers on extended fourteen-mile chase in village community at speeds in excess of 90 mph because R.C. 2921.331(D) provides that where a defendant is sentenced for a third-degree felony failure to comply with an order or signal of a police officer pursuant to R.C. 2921.331(C)(5) based on trial court's finding that the operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property, the offender shall serve the prison term consecutively to any other prison term or mandatory prison term imposed, a trial court is not required to make the usual consecutive findings pursuant to R.C. 2929.14(C)(4).