State v. Davis

Citations

• 2019 Ohio 2115

Syllabus

Limited remand resentencing de novo resentencing driver's license suspension mandatory discretionary R.C. 2925.03. - Judgment affirmed. At the time appellant was originally sentenced, the law required a mandatory driver's license suspension. Had the change in R.C. 2925.03(D) been in effect at the time of appellant's initial sentencing, there would have been no error in the court's sentence and no basis for a remand. The fact that the General Assembly chose to make driver's license suspensions under this section discretionary rather than mandatory did not affect the prison sentences that were imposed by the trial court and affirmed by this court in appellant's prior appeal. As a result, a de novo resentencing was not necessary.