State v. Mercier, 2014 Ohio 2910

Defendant-appellant Kari Mercier was indicted in Franklin County for two counts of OVI (R.C. 4511.19); Counts 1 and 2; she pleaded guilty to Count 1, Count 2 dismissed.
Mercier previously had a 2011 OVI conviction; the current charges were third-degree felonies.
She received a 54-month prison term under R.C. 4511.19(G)(1)(e) for the third-degree felony OVI.
Issue raised: whether a 54-month sentence for third-degree felony OVI is legally permissible given maximums in R.C. 2929.14(A)(3).
The trial court’s sentence was challenged as contrary to law; the court of appeals ultimately affirmed the sentence.
The court held that R.C. 4511.19(G)(1) controls and authorizes up to a five-year total term, including a mandatory 60-day term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is 54 months permissible for third-degree OVI under 4511.19(G)(1) and 2929.14?	Mercier argues max is 36 months under 2929.14(A)(3)(b).	State contends 4511.19(G)(1) overrides and allows up to five years.	Sentence not contrary to law; authorized to five years under 4511.19(G)(1).

State v. Ayers, 2014-Ohio-276 (Ohio 2014) (application of statutory guidelines in felony sentences)
State v. Allen, 2011-Ohio-1757 (Ohio 2011) (statutory framework for determining if sentence complies with law)
State v. Burton, 2007-Ohio-1941 (Ohio 2007) (analysis of defeating conflicts between statutes for sentencing)
State v. Kreischer, 109 Ohio St.3d 391 (Ohio 2006) (plain language interpretation of sentencing statutes)
State v. Owen, 2013-Ohio-2824 (Ohio 2013) (conflicting sentencing provisions for OVI; later-enacted statute control debate)
State v. May, 2014-Ohio-1542 (Ohio 2014) (conflicting views on scope of 2929 vs. 4511.19 governing OVI sentences)
State v. Sturgill, 2013-Ohio-4648 (Ohio 2013) (external district holding on related OVI sentencing)
State v. South, 2014-Ohio-374 (Ohio 2014) (Ninth District on similar issue; certification to Supreme Court)