State v. Head

Summary

The Ninth District Court of Appeals of Ohio affirmed Victor Head’s conviction-related sentence imposing a 20-year driver’s license suspension for failure to comply with a police order or signal. The court held that the suspension was within the statutory range and that the record supported the trial court’s consideration of the applicable felony-sentencing purposes and factors.

Holdings

1. A trial court must consider the statutory sentencing factors applicable to every felony case, but neither R.C. 2929.11 nor R.C. 2929.12 requires the court to make specific factual findings, explain its reasons for imposing the sentence, or work through each statutory factor on the record.
2. Head failed to establish by clear and convincing evidence that the record did not support the trial court's findings or that the 20-year driver's license suspension was otherwise contrary to law. The suspension was mandatory in some period under R.C. 2921.331 and fell within the statutory range under R.C. 4510.02(A)(2).

Questions Presented

1. Whether the trial court erred by imposing a 20-year driver's license suspension without expressly discussing the purposes of felony sentencing, seriousness and recidivism factors, or the minimum three-year suspension.
2. Whether the record clearly and convincingly failed to support the 20-year license suspension or established that the sentence was otherwise contrary to law.

Disposition

affirmed