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State v. Runnels1/23/1989
John V. Corrigan, J.
An indictment was returned against the defendant-appellant Pennie Runnels, charging her with one count of aggravated vehicular homicide, in violation of R.C. 2903.06, with four specifications, including a violence specification, a suspension specification, a DWI specification, and a repeat offender specification.
The uncontroverted facts establish the following: On July 7, 1987, at approximately 6:45 p.m., the defendant, Pennie Runnels, was driving an automobile westbound on Mayfield Road in Cleveland Heights, Ohio. She went through the intersection of Forest Hills Boulevard and collided with the side of an automobile driven by Edward Broughton, who was proceeding southward on Forest Hills Boulevard. Two women were passengers in the automobile driven by Broughton.
All parties were taken to Huron Road Hospital by ambulance. Broughton was pronounced dead at 7:25 p.m. from injuries he sustained in the accident. The defendant was admitted for treatment of her injuries.
Upon admission to the emergency room at Huron Road Hospital, the defendant was placed under arrest and charged with running a red light, driving under the influence of alcohol, and driving while under suspension. These charges were later changed to aggravated vehicular homicide following Broughton's death.
The matter came up for hearing and trial on December 8, 1987. A hearing was had on the appellant's pretrial motion to suppress the results of a blood-alcohol test which was taken without the appellant's consent while she was hospitalized immediately following the automobile accident. The appellant's motion to suppress was denied.
The appellant then entered a plea of no contest to the charge of aggravated vehicular homicide, with the violence, DWI and repeat offender specifications. Defense counsel, however, reserved the right to argue whether the defendant should receive a definite or indefinite sentence.
Following the defendant's no contest plea and the court's subsequent finding of guilt, the trial court sentenced the appellant to a term of imprisonment for three to five years and revoked her driving privileges for life.
The appellant now appeals her sentence, bringing six assignments of error.
The first four assignments of error claim:
"I. It was prejudicial error for the trial court to sentence the appellant to an indefinite term of imprisonment where she was convicted of a fourth degree felony which is not an offense of violence pursuant to Ohio Revised Code Section 2901.01(I) and where the offense of aggravated vehicular homicide cannot be committed without inflicting physical harm.
"II. It was prejudicial error for the trial court to impose an indefinite term of imprisonment on the appellant where the gravamen of the offense for which appellant was convicted cannot be committed without causing death and where the record is silent as to the deceased's condition following the accident and prior to death.
"III. The trial court committed prejudicial error in failing to find that the application of a physical violence specification pursuant to Ohio Revised Code Section 2941.143, to the appellant, who was convicted of aggravated vehicular homicide, deprived the appellant of her rights to equal protection and due process of law as guaranteed by Article I, Section 2 of the Ohio Bill of Rights, Article II, Section 26 of the Ohio Constitution and the Fourteenth Amendment of the United States Constitution.
"IV. The trial court committed reversible error when it imposed an indefinite sentence of imprisonment against the appellant i
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