626 N.E.2d 984 | Ohio Ct. App. | 1993
This cause came on to be heard upon the appeal, the record filed herein, the briefs, and arguments. We have sua sponte removed this appeal from the accelerated calendar.
The defendant-appellant, Gary J. Krug, appeals from his conviction for domestic violence, a violation of R.C.
The defendant drove to a convenience store where his wife had gone after an argument at their apartment. There, he grabbed her by the hair and threw her into his automobile where he struck her several times. He then drove to their apartment and, once inside, resumed striking her. She suffered black eyes, a bruised and bloody nose, other bruises, and clumps of hair torn from her head. The trial court imposed the driving suspension, pursuant to R.C.
Observing that the defendant, who drives for a living, had numerous traffic violations, the trial court appropriately expressed its concern. However, there was no basis in the record from which the trial court could conclude that the defendant's automobile was used in the commission of domestic violence. Such a hypothesis assumes that, whenever an automobile is the means of transportation to or from a crime scene, a driver's license suspension is an option available to the sentencing judge. We hold, to the contrary, that the intent of R.C.
In the alternative, we have also considered the license suspension as a special condition of probation. A condition of probation must conform to R.C.
Suspension of an offender's driver's license depends on a case-by-case analysis to determine if there exists a rational relationship between the condition of probation and the goals of R.C.
The judgment is reversed in part and this cause is remanded to the trial court for correction of the sentence consistent with this decision.
Judgment accordingly.
KLUSMEIER, P.J., DOAN and GORMAN, JJ., concur.