State v. Belcher

Citations

• 2019 Ohio 1468

Syllabus

The 10-month prison sentence imposed by the trial court for appellant's nonviolent, fifth-degree-felony offense of failure to stop after an accident is clearly and convincingly contrary to law. There is no evidence in the record to support the trial court's finding that the physical injury exception under R.C. 2929.13(B)(1)(b)(ii) applied so as to permit the imposition of a prison term. Judgment vacated, and the matter is remanded for resentencing.