State v. Hines

Citations

• 2020 Ohio 668

Syllabus

R.C. 2929.34(B)(3)(d) prison R.C. 2903.06 aggravated vehicular homicide R.C. 2901.01(A)(9) R.C. 2929.15 community control technical violation. The trial court erred in concluding that defendant who committed a fifth-degree felony was ineligible for confinement at a Targeted Community Alternative to Prison, under R.C. 2929.34, due to his prior aggravated vehicular homicide conviction, because aggravated vehicular homicide is not a disqualifying offense of violence under R.C. 2901.01(A)(9) where defendant was convicted of a fifth-degree felony and sentenced to community control, the trial court erred in imposing a one-year term for community control violation OVI was a \technical\ violation of community control - it was a new offense that was not a felony, so under R.C. 2929.15(B)(1)(c)(i), it was subject to the 90-day limit on prison terms for community control violations.