State v. Stewart

Citations

• 2025 Ohio 1397

Syllabus

The record reflects that appellant understood the effect of her guilty pleas to felonious assault, vehicular assault, and operating a vehicle under the influence. She was also clearly and repeatedly advised that the trial court had the discretion to impose prison sentences or community control sanctions. Although the court advised appellant at the plea hearing that it would impose a one-year driver's license suspension retroactive to the date of the offense, appellant was not prejudiced by the three-year suspension imposed in the judgment entry, because it overlapped with her prison sentence, and there was no suggestion that appellant would not have entered her plea if properly advised. The trial court was not required to advise appellant that there was a presumption of a prison term on the felonious assault offense. The trial court did not err in imposing consecutive sentences. The court imposed an indefinite sentence of four to six years for felonious assault at the sentencing hearing and gave the advisements required under the Reagan Tokes Act, but the judgment entry erroneously stated that the sentence for felonious assault was four years. Judgment reversed as to the sentence on the felonious assault and remanded for the trial court to issue a corrected judgment entry nunc pro tunc. In all other respects, judgment affirmed.