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Supreme Court of Ohio

Description

May Courts Impose Separate Sentences for OVI and Aggravated Vehicular Assault?

Antonia Earley v. State of Ohio, Case Nos. 2014-1278 and 2014-1454

Eighth District Court of Appeals (Cuyahoga County)

ISSUES:

- When operating a motor vehicle under the influence is the underlying conduct for aggravated vehicular assault, are the two offenses allied and subject to being merged?

- Does R.C. 2929.41(B)(3), a sentencing statute, create an exception that permits a separate sentence for each offense?