State v. Casiano, 2023 Ohio 3711

On May 21, 2020, Casiano eluded a police traffic stop on a Suzuki ATV during a group ride; RTA train service was suspended while he drove on tracks and crossed a trestle.
Indicted on six felony counts; on December 13, 2022 he pleaded guilty to Count 1 (failure to comply, felony 3) and Count 5 (disrupting public services, felony 4); other counts nolled.
At sentencing the court imposed a 6-month prison term on Count 5 and a 36-month suspended prison sentence on Count 1, plus a driver’s license suspension described as a Class 2 suspension (three years to life) and six points; fines were suspended and costs waived.
The trial court explicitly described the Count 1 term as a "36-month suspended sentence" and announced a Class 2 suspension despite Casiano having a prior failure-to-comply felony.
The State appealed, arguing the suspended prison term on a felony count and the Class 2 license suspension (rather than the mandatory Class 1 for a repeat felony) were contrary to law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court could impose a suspended prison term for the felony Count 1	State: Suspended prison term on a felony count is contrary to statutory scheme; prison and community control are mutually exclusive	Casiano: Court could impose community control concurrently on another count; plea colloquy put him on notice of community control and possible prison	Court: Suspended prison term on a felony count is contrary to law; vacated and remanded for resentencing
Whether license suspension class was lawful for a second failure-to-comply felony	State: Mandatory Class 1 suspension applies for a repeat felony violation under R.C. 2921.331(E) and 4510.02	Casiano: Parties and court agreed on Class 2 suspension; error was invited by State and defense	Court: Mandatory Class 1 suspension required for second felony failure-to-comply; Class 2 imposition was contrary to law; vacated and remanded

State v. Williams, 71 N.E.3d 234 (2016-Ohio-7658) (trial courts may impose only sentences authorized by statute)
State v. Fischer, 942 N.E.2d 332 (2010-Ohio-6238) (same principle limiting judicial sentencing power)
State v. Anderson, 35 N.E.3d 512 (2015-Ohio-2089) (prison term and community-control sanctions cannot be imposed simultaneously on same count)
State v. Brooks, 814 N.E.2d 837 (2004-Ohio-4746) (notice of a potential prison term upon community-control violation does not itself impose that prison term)
State v. Berry, 980 N.E.2d 1087 (2012-Ohio-4660) (explaining purpose of community-control notification as notice, not a reserved prison sentence)
State v. Underwood, 922 N.E.2d 923 (2010-Ohio-1) (a sentence omitting a mandatory statutory provision is contrary to law)
State v. Jones, 169 N.E.3d 649 (2020-Ohio-6729) (appellate review standard under R.C. 2953.08(G)(2))
State v. Marcum, 59 N.E.3d 1231 (2016-Ohio-1002) (standards for appellate review of felony sentences)
State v. Duncan, 61 N.E.3d 61 (2016-Ohio-5559) (community-control notification requirement at sentencing)
State v. Harper, 159 N.E.3d 248 (2020-Ohio-2913) (State's remedy when a sentence is voidable)
State v. Hitchcock, 134 N.E.3d 164 (2019-Ohio-3246) (judges lack inherent power to create sentences)
State v. Paige, 103 N.E.3d 800 (2018-Ohio-813) (distinguishing concurrent community control on separate counts)