State v. Michels

2023 Ohio 1461

Opinion

[Cite as State v. Michels, 2023-Ohio-1461.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

STATE OF OHIO, : APPEAL NO. C-220518 TRIAL NO. B-2200672 Plaintiff-Appellee, :

vs. : O P I N I O N.

CHRISTOPHER MICHELS, :

Defendant-Appellant. :

Criminal Appeal From: Hamilton County Court of Common Pleas

Judgment Appealed From Is: Reversed and Cause Remanded

Date of Judgment Entry on Appeal: May 3, 2023

Melissa A. Powers, Hamilton County Prosecuting Attorney, and Sean M. Donovan, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

Thomas W. Kidd, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS

ZAYAS, Judge.

{¶1} Christopher Michels appeals the three-year driver’s-license suspension

imposed after a guilty plea to two counts of child endangerment. For the following

reason, we reverse the trial court’s judgment and remand the cause for resentencing

consistent with this opinion.

{¶2} Michels pled guilty to violating R.C. 2919.22(C)(1), which prohibits

operating a vehicle in violation of R.C. 4511.19(A) while children under 18 are present

in the car. R.C. 4511.19(A) prohibits operating a vehicle while under the influence of

drugs or alcohol.

{¶3} For a violation of R.C. 2919.22(C)(1), the trial court may impose “a class

seven suspension of the offender’s driver’s or commercial driver’s license or permit or

nonresident operating privilege from the range specified in division (A)(7) of section

4510.02 of the Revised Code.” R.C. 4510.02(A)(7) specifies a suspension for “a definite

period not to exceed one year.”

{¶4} Here, the trial court imposed a three-year suspension which exceeds the

range specified in R.C. 4510.02(A)(7). The state concedes the error.

{¶5} Accordingly, we sustain the assignment of error, reverse the imposition

of the three-year driver’s-license suspension, and remand the cause to the trial court

for resentencing with respect to the imposition of the license suspension. The trial

court’s judgment is affirmed in all other respects.

Judgment reversed and cause remanded.

CROUSE, P.J., and KINSLEY, J., concur.

Please note: The court has recorded its own entry this date.