State v. Pacheco

Citations

• 2023 Ohio 4208

Syllabus

Conceded error nunc pro tunc R.C. 2903.08(C)(2) and (3) points license suspension consecutive sentences prior conviction postrelease control enhanced classification Reagan Tokes. The trial court's imposition of a ten-year driver's license suspension following a conviction for vehicular assault was contrary to law. Under R.C. 2903.08(C)(2) and (3), absent a prior conviction, a defendant is not subject to an enhanced classification as it relates to license suspension. The trial court made the necessary findings for consecutive sentences. Reagan Tokes is not unconstitutional. The trial court erred when it stated in its entries that the defendant was convicted of felonious assault by means of a deadly weapon or dangerous ordnance, in violation of R.C. 2903.11(A)(2), rather than felonious assault in violation of R.C. 2903.11(A)(1) accordingly, the trial court must correct that error on remand.