Summary
The Ohio Second District Court of Appeals vacated a defendant's sentence for operating a vehicle under the influence (OVI) because the trial court failed to reduce the additional definite prison term by the mandatory 60-day prison term as required by R.C. 2929.14(B)(4). The appellate court found the consecutive sentencing arrangement contrary to law and remanded the case solely for resentencing to comply with the statutory mandate. All other aspects of the trial court's judgment were affirmed.
Topics
Practice areas
Questions Presented
- Whether the trial court’s sentence violated R.C. 2929.14(B)(4) by failing to reduce the additional 24‑month term by the mandatory 60‑day term
- Whether the imposition of an additional definite term after the mandatory term was error (second assignment of error)
Holdings
- The sentence is contrary to law; the additional 24‑month term must be reduced by the mandatory 60‑day term. The portion of the sentence imposing the 60‑day mandatory term plus the 24‑month term is vacated and the case is remanded for resentencing; the remainder of the judgment is affirmed.
- The second assignment of error is overruled as moot because the first error already required vacatur and remand.
Key quotations
“the additional prison term imposed shall be reduced by the sixty . . . days imposed upon the offender as the mandatory prison term.” (¶ 9)
“the total of the additional prison term imposed under division (B)(4) of this section plus the sixty . . . days imposed as the mandatory prison term shall equal a definite term in the range of six months to thirty months for a fourth degree felony OVI offense” (¶ 9)
Factual background
Gilbert was indicted on three fourth‑degree OVI counts, pleaded guilty to one count, and was sentenced to a 60‑day mandatory prison term plus an additional 24‑month definite term. The trial court did not reduce the additional term by the mandatory 60 days as required by R.C. 2929.14(B)(4).
Procedural history
Gilbert pleaded guilty to a fourth‑degree felony OVI count; the trial court imposed a 60‑day mandatory prison term plus a 24‑month definite term. He appealed alleging the sentence violated R.C. 2929.14(B)(4).
Remand instructions
Resentence Gilbert to a prison term that complies with R.C. 2929.14(B)(4); the total aggregate term must be 24 months with the 60‑day mandatory term counted within that total.