Description: Bellefontaine, Ohio criminal defense lawyer represented the Defendant charged with four counts: Count One of operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them ("OVI") in violation of R.C. 4511.19(A)(1)(a), (G)(1)(b), a first-degree misdemeanor; Count Two of driving under suspension in violation of R.C. 4510.111(A), (C)(1), an unclassified misdemeanor; Count Three of aggravated vehicular homicide in violation of R.C. 2903.06(A)(1)(a), (B)(2)(b)(i), a first-degree felony; and Count Four of involuntary manslaughter in violation of R.C. 2903.04(B), (C), (D), a third-degree felony.

Briana K. Mohler entered not-guilty pleas at thBe arraignment hearing on February 13, 2024, and written not-guilty pleas were subsequently filed by trial counsel.

n February 13, 2024, Mohler was indicted on four counts: Count One of operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them ("OVI") in violation of R.C. 4511.19(A)(1)(a), (G)(1)(b), a first-degree misdemeanor; Count Two of driving under suspension in violation of R.C. 4510.111(A), (C)(1), an unclassified misdemeanor; Count Three of aggravated vehicular homicide in violation of R.C. 2903.06(A)(1)(a), (B)(2)(b)(i), a first-degree felony; and Count Four of involuntary manslaughter in violation of R.C. 2903.04(B), (C), (D), a third-degree felony. Mohler entered not-guilty pleas at the arraignment hearing on February 13, 2024, and written not-guilty pleas were subsequently filed by trial counsel.

* * *

CRIMINAL LAW. VEHICULAR HOMICIDE SENTENCING. The case addresses an appeal in which the defendant contends that the trial court imposed an unlawful maximum sentence for aggravated vehicular homicide by erroneously considering factors intrinsic to the offense's elements and failing to sufficiently weigh mitigating circumstances related to the defendant's background.

CRIMINAL PROCEDURE. APPELLATE REVIEW OF SENTENCING. The appellate court discusses the standard for reviewing felony sentences under Ohio law, emphasizing the trial court’s compliance with statutory requirements, and concludes that a sentence within the statutory range is generally not contrary to law if the trial court considered the principles and purposes of sentencing as required by R.C. 2929.11 and 2929.12.

Key Phrases Aggravated vehicular homicide. Indefinite prison term. Sentencing factors. Mitigating factors. Maximum sentence.

Outcome: On May 28, 2024, Mohler appeared for sentencing. With respect to Count Three, aggravated vehicular homicide, the trial court imposed an indefinite prison term of 11 to 16 ½ years and a lifetime driver's license suspension. The trial court sentenced Mohler to serve 180 days in jail for Count One and zero days in jail for Count Two.[1] The sentences were ordered to be served concurrently for an indefinite term of 11 to 16 ½ years.

Affirmed on appeal.

Plaintiff's Experts:

Defendant's Experts:

Comments: