State v. Potts, Unpublished Decision (9-13-2002)
State v. Potts, Unpublished Decision (9-13-2002)
Opinion of the Court
{¶ 1} This is an accelerated appeal from the judgment of the Perrysburg Municipal Court which, following a plea of no contest, found appellant, John F. Potts, guilty of speeding in violation of R.C.
{¶ 2} "It constituted error to order that a remedial driving course be completed by a date certain as part of the sentence imposed for a minor misdemeanor."
{¶ 3} A court has no power to substitute a different sentence than that provided for by statute. Colgrove v. Burns (1964),
{¶ 4} According to R.C.
{¶ 5} On consideration whereof, this court finds that substantial justice has not been done the party complaining with respect to the sentence imposed. Accordingly, the judgment of the Perrysburg Municipal Court is reversed and vacated as to the requirement that appellant complete a remedial driving course. Costs of this appeal to be paid by the state of Ohio.
JUDGMENT REVERSED.
Peter M. Handwork, J., Melvin L. Resnick, J., and Richard W. Knepper,J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.