STATE v. SOUTH

No. 2014-0563.

144 Ohio St.3d 295 (2015)

2015-Ohio-3930

THE STATE OF OHIO, APPELLANT, v. SOUTH, APPELLEE.

Supreme Court of Ohio.

Decided September 30, 2015.


Attorney(s) appearing for the Case

Sherri Bevan Walsh , Summit County Prosecuting Attorney, and Heaven DiMartino , Assistant Prosecuting Attorney, for appellant.

Lawrence J. Whitney , for appellee.

Timothy Young , State Public Defender, and Valerie Kunze , Assistant Public Defender, urging affirmance for amicus curiae, Office of the Ohio Public Defender.


{¶ 1} In this certified-conflict appeal, we consider how multiple sentencing statutes interact when a defendant is convicted of an operating-a-vehicle-while-under-the-influence ("OVI") offense as a third-degree felony, as well as a repeat-offender specification. In these circumstances, we hold that a trial court must...

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