State v. Adams, Unpublished Decision (3-7-2003)
State v. Adams, Unpublished Decision (3-7-2003)
Opinion of the Court
{¶ 1} This matter is before the court on appeal from the judgment and sentence of the Wood County Court of Common Pleas which, following a no contest plea, found appellant, Corey Adams, guilty of aggravated vehicular homicide, a violation of R.C.
{¶ 2} Appellant raises the following assignment of error:
{¶ 3} "The sentence imposed by the trial court was contrary to law as it was inconsistent with sentences imposed in similar cases and was not supported by the findings mandated by R.C.
{¶ 4} The relevant facts of this appeal are as follows. On July 20, 2001, 21 old Adams was driving a 1989 Ford XLT Ranger on State Route 65 in Perrysburg Township, Ohio when he collided head on with a vehicle being driven by Joanne Cline. Cline was killed instantly and her two passengers sustained serious injuries. Witnesses reported seeing appellant's vehicle travel left of center several times before impact. Adams' blood-alcohol content following the accident tested at a level of .216 or twice the legal limit.
{¶ 5} On September 20, 2001, Adams was indicted on one count of aggravated vehicular homicide. Following his no contest plea the trial court found Adams guilty and sentenced him to eight years in prison. The minimum prison term for a first-degree felony is three years. R.C.
{¶ 6} R.C.
{¶ 7} Under R.C.
{¶ 8} At the time of sentencing, Adams had never served a prison term. The state concedes that the trial court in this case failed to make the R.C.
{¶ 9} Finding Adams' sentence to be contrary to law, we need not, at this time, compare his sentence to other sentences imposed on similar offenders for similar crimes. Adams' sole assignment of error is found well-taken.
{¶ 10} On consideration whereof, we find that the judgment of the Wood County Court of Common Pleas is reversed, appellant's sentence is vacated, and the case is remanded to the trial court for resentencing. Costs of this appeal are assessed to appellee.
JUDGMENT REVERSED.
Knepper and Pietrykowski, JJ., concur.
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