State v. Patterson, Unpublished Decision (9-18-2003)
State v. Patterson, Unpublished Decision (9-18-2003)
Opinion of the Court
{¶ 1} Defendant-appellant, Michael Patterson ("Patterson"), appeals the decision of the Cuyahoga County Court of Common Pleas denying his request to modify a previously imposed sentence which, in part, permanently revoked his driving privileges. For the reasons stated below, we affirm the decision of the trial court.
{¶ 3} In September 2002, Patterson was released from prison after having served ten years. On December 24, 2002, the trial court denied Patterson's request that it "lift the sentence of suspension."3 From this order, Patterson advances one assignment of error.
{¶ 5} R.C.
{¶ 6} Further, R.C.
{¶ 7} In fact, Patterson acknowledges that "Ohio trial courts do not possess the inherent authority to suspend, cancel, or modify a criminal sentence once that sentence has been executed, absent specific statutory authority to do so." State v. Rowe (1997),
{¶ 8} R.C.
{¶ 9} R.C.
"Subject to division (D)(1) of this section, the trial judge of any court of record, in addition to or independent of all other penalties provided by law or by ordinance, shall suspend the driver's or commercial driver's license or permit or nonresident operating privilege of any person who is convicted of or pleads guilty to a violation of section
{¶ 10} Division (D)(1) states that "the trial judge of any court of record, in addition to or independent of all other penalties provided by law or by ordinance, shall permanently revoke the driver's * * * license * * * of any person who is convicted of or pleads guilty to a violation of section
{¶ 11} The record clearly indicates that Patterson pled guilty to two counts of aggravated vehicular homicide under R.C.
{¶ 12} Appellant's assignment of error is overruled.
Judgment affirmed.
FRANK D. CELEBREZZE, JR., P.J., and COLLEEN CONWAY COONEY, J., CONCUR.
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