State v. Cyrek, 2019 Ohio 4515

On August 4, 2018, Cyrek was involved in a motor-vehicle crash that killed his wife; a blood test showed a BAC of .135 and he was driving with a suspended license.
Butler County Grand Jury indicted Cyrek on three counts of aggravated vehicular homicide and one count of vehicular manslaughter.
Cyrek moved to suppress the blood-alcohol test results; an evidentiary hearing was held and the trial court denied the motion.
Cyrek pled no contest to one count of aggravated vehicular homicide in exchange for dismissal of the other counts; the plea was accepted.
At sentencing the trial court imposed the mandatory maximum 11-year prison term after noting prior felony convictions, a recent misdemeanor animal-abuse conviction, that Cyrek was on community control, and the victim-impact evidence.
Cyrek appealed, arguing (1) the blood test should have been suppressed for noncompliance with OAC blood-draw rules and chain-of-custody defects, and (2) the maximum sentence was contrary to law and unsupported by the record.

Issue	Appellant's Argument	State / Trial Court Argument	Held
Whether the blood test results should be suppressed for noncompliance with OAC 3701-53-05(C) (anticoagulant requirement) and 3701-53-06(A) (chain of custody)	Cyrek: the vacuum tube did not contain a required solid anticoagulant and chain of custody for the tube was not established	State: forensic toxicologist testified the tube used was a gray‑top with solid anticoagulant and blood did not appear coagulated; chain-of-custody challenges are evidentiary and not properly raised on a suppression motion and are waived by a no-contest plea	Denied. Trial court’s factual finding that an anticoagulant was present was supported by competent, credible evidence; chain-of-custody challenge is not properly raised on suppression and was effectively waived by plea
Whether the mandatory maximum 11-year sentence is clearly and convincingly contrary to law or unsupported by the record	Cyrek: trial court failed to rely on required aggravating factors, his conduct was not the most serious form of the offense, and the record shows low likelihood of recidivism	State/Trial court: court considered R.C. 2929.11/2929.12 factors, victim impact, prior convictions, community-control status, suspended license, and the death of the victim (his wife)	Affirmed. Sentence is within statutory range, court considered relevant sentencing principles and factors, and record supports imposition of the maximum term

State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (state must show blood tests were administered in substantial compliance with Director of Health regulations)
State v. Engle, 74 Ohio St.3d 525 (Ohio 1996) (plea of no contest waives right to appeal adverse rulings on motions in limine)
State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard of review for felony sentences under R.C. 2953.08(G)(2))
State v. Brandenburg, 146 Ohio St.3d 221 (Ohio 2016) (appellate review limits for modifying or vacating sentences)