State v. Resendez, 2020 Ohio 6653

On April 29, 2019 Resendez, driving while intoxicated and under a license suspension, struck another vehicle, injuring the driver and her minor son.
July 8, 2019 indictment: four counts of aggravated vehicular assault and two OVI counts; Resendez pleaded not guilty then later entered no contest pleas.
December 12, 2019 plea: no contest to amended Count 2 (aggravated vehicular assault, felony 3) and Count 4 (attempted aggravated vehicular assault, felony 4); two other counts dismissed by agreement.
December 31, 2019 sentencing: court imposed 45 months (felony 3) and 17 months (felony 4), ordered to run consecutively for a total of 65 months (48 months mandatory); court also assessed discretionary costs for appointed counsel and supervision in the entry.
On appeal the Sixth District reversed and remanded for resentencing because the trial court failed to make required statutory findings for consecutive sentences and vacated the discretionary counsel/supervision costs for failure to determine ability to pay.

Issue	State's Argument	Resendez's Argument	Held
Whether trial court made required R.C. 2929.14(C)(4) findings before imposing consecutive sentences	Court’s remarks and entry show reasons (harm and prior alcohol offenses) supporting consecutives	Court failed to make all required findings at sentencing, specifically no finding that offenses were part of a “course of conduct”	Reversed and remanded for resentencing — trial court did not make discernible required findings at the hearing (remand required)
Whether the 48‑month mandatory term for felony‑3 aggravated vehicular assault violated statutory minimums	Parties agreed in plea that sentence of 12–60 months would be imposed and be mandatory; court’s sentence is within statutory range	Statutes should be read to require the statutory minimum (12 months)	Overruled — plea agreement and statutory range permit the imposed mandatory term; assignment not well‑taken
Whether court properly imposed discretionary costs (appointed counsel and supervision) without determining ability to pay	Entry indicates defendant has or may have means to pay	Trial court did not address costs or defendant’s ability to pay at the sentencing hearing	Vacated the non‑mandatory costs for counsel and supervision; court failed to determine ability to pay at hearing

State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must make and record required consecutive‑sentence findings and the record must permit meaningful appellate review)
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018) (clarified Bonnell and required that required findings be made at the sentencing hearing and in the entry)
State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (sentence is contrary to law only if outside statutory range or statutory rules not followed)
State v. Shazier, 147 N.E.3d 1220 (Ohio 2019) (trial courts have broad discretion within statutory sentencing ranges)