State v. Reynolds, 2020 Ohio 942

Daniel Reynolds pled no contest to failure to stop after an accident (R.C. 4549.02); charged as a fourth-degree felony because the accident resulted in serious physical harm and Reynolds knew of that harm.
Reynolds struck Deputy Curtis Taylor (directing traffic), who sustained serious injuries; Reynolds left the scene.
At sentencing the state sought the maximum; the trial court imposed 18 months' incarceration (maximum for a fourth-degree felony).
Reynolds appealed, arguing R.C. 2929.13(B)(1)(a) required community control absent a qualifying exception, and the statutory exception in R.C. 2929.13(B)(1)(b)(ii) (prison when the offender "caused physical harm to another person while committing the offense") did not apply because the physical harm resulted from the collision, not from the failure to stop.
The appellate majority concluded the record did not show the failure to stop caused the physical harm, declined the state’s invitation to overrule State v. Jones, reversed the prison sentence, and remanded for resentencing; one judge dissented, arguing Jones was wrongly decided and the court should uphold the prison term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether R.C. 2929.13(B)(1)(b)(ii) permits a prison term when the physical harm resulted from the collision rather than from the failure to stop	The state: the harm arose from the continuing course of conduct (accident plus fleeing), so the exception applies and prison is authorized	Reynolds: the harm was caused by the collision itself; the exception requires that the offender caused physical harm while committing the punishable offense (failure to stop), so community control is presumptive	Majority: exception did not apply because record does not show the failure to stop caused the physical harm; sentence reversed and remanded for resentencing
Whether this court should overrule State v. Jones and treat the felony as necessarily encompassing the initial collision (i.e., the accident/injury as part of the felony conduct)	State (and dissent): felony enhancement (serious physical harm) is an element transforming the offense; course of conduct includes the accident, so flight can be treated as causing harm	Reynolds (and majority): Jones stands; the record must show the failure-to-stop conduct itself caused additional physical harm beyond the collision	Majority: declined to revisit Jones; dissent would have overruled Jones and affirmed sentence

State v. Marcum, 146 Ohio St.3d 516 (clarifies R.C. 2953.08(G)(2) standard of review for felony sentences)
State v. Allen, 29 Ohio St.3d 53 (explains that an element that increases degree of an offense becomes an essential element)
State v. Brooke, 113 Ohio St.3d 199 (discusses how an enhancement transforms the identity of a crime)
State v. Davis, 121 Ohio St.3d 239 (addresses limitations on amending indictments when degree or identity of offense would change)