State v. Harpel

Citations

• 2020 Ohio 4513

Syllabus

In order for a trial court to impose a mandatory prison term of one, two, three, four, or five years under R.C. 4511.19(G)(1)(d) and R.C. 2929.13(G)(2), the charging instrument must contain an R.C. 2941.1413(A) specification that the offender is then convicted of or pleads guilty to. However, a trial court may, under R.C. 4511.19(G)(1)(d) and R.C. 2929.13(G)(2), impose a mandatory prison term of 120 days in the absence of an R.C. 2941.1413(A) specification.