State v. Tardiff, Unpublished Decision (3-2-2005)
State v. Tardiff, Unpublished Decision (3-2-2005)
Opinion of the Court
Defendant-appellant Ronald Tardiff was indicted on one count of felonious assault in violation of R.C.
In his first assignment of error, Tardiff contends that the trial court's imposition of the maximum driver's license suspension was contrary to law because the trial court failed to state its reasons for imposing the maximum suspension. In his second assignment of error, Tardiff argues the trial court erred when it failed to provide its reasons for overruling his motion to reduce his driver's license suspension. Because these assignments are interrelated, we address them together.
Tardiff pleaded guilty to a violation of R.C.
"(A) When a court * * * is required to suspend the driver's license * * * of any offender for a specified suspension class for each of the following suspension classes, the court shall impose a definite period of suspension from the range specified for the suspension class: * * * (4) For a class four suspension, a definite period of one to five years."
Tardiff contends that the trial court's failure to provide reasons for imposing the maximum driver's license suspension and its later failure to provide reasons for overruling his motion to reduce his suspension resulted in the suspension being contrary to law. We disagree.
Here, the trial court was statutorily required to impose a driver's license suspension for a period of one to five years for the vehicular assault. While the statute specifies a specific range for the suspension of an offender driver's license for vehicular assault, it gives the trial court discretion in selecting the exact term of the drivers' license suspension. Tardiff's five-year driver's license suspension was within that statutory range. Moreover, the statute does not require the trial court to provide reasons for imposing a specific period of suspension.1 Because the trial court's imposition of the five-year driver's license suspension was within the statutory range, we cannot say that the suspension was contrary to law. We, therefore, overrule Tardiff's first and second assignments of error, and affirm the judgment of the trial court.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Doan, P.J., Painter and Sundermann, JJ.
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