2013 Ohio 3944
Ohio Ct. App.2013Background
- Defendant Hashim Stephens pled guilty to third-degree felonies: trafficking in crack cocaine and failure to comply with a police officer; other counts dismissed per plea bargain.
- Sentenced to 18 months imprisonment on each count, to run consecutively, plus other penalties: fines and forfeiture credited against the fine.
- Plea agreement was silent on driver’s license suspension; statutory ranges permitted 2–5 years for trafficking and 3 years–life for failure to comply.
- Trial court imposed a 2-year suspension for trafficking and a 3-year suspension for failure to comply, ordered to run consecutively (total five years).
- On appeal, appellate court found potential merit in challenging consecutive license suspensions and appointed new counsel to argue that consecutive suspensions are unauthorized by statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could order multiple statutory driver’s license suspensions to run consecutively | State: Phinizee and Reynolds are distinguishable; one suspension arises under R.C. 2925.03 and the other via R.C. 2921.331 referencing R.C. 4510.02, so consecutive suspensions are permissible | Stephens: No statutory provision authorizes consecutive license suspensions; under rule of lenity, suspensions must run concurrently | Court: No statutory authority exists to make driver’s license suspensions consecutive; ordered suspensions must run concurrently. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for counsel’s withdrawal when no meritorious issues exist)