State v. Sow

Citations

• 2019 Ohio 3641

Syllabus

SENTENCING – R.C. 2941.25 – CRIM.R. 11: The trial court erred under R.C. 2941.25, Ohio's multiple-count statute, in imposing separate sentences for the offenses of OVI-based aggravated vehicular assault and recklessness-based vehicular assault where the offenses were predicated upon the same conduct which resulted in serious physical harm to a single victim. Where the trial court failed to substantially comply with Crim.R. 11 by incorrectly stating the length of a mandatory period of incarceration, a nonconstitutional right, defendant's plea may be vacated only if defendant can also demonstrate a prejudicial effect, i.e., that the plea would not have otherwise been made. The trial court erred in imposing a lifetime driver's license suspension as a sanction for a third-degree aggravated-vehicular-assault offense, as under R.C. 2903.08(B)(2) and 4510.02(A)(3), the court was authorized to impose a driver's license suspension only for a definite term of two to ten years.