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State v. Robenolt11/29/2005
f the new misdemeanor sentencing laws, and the trial court's comments at sentencing indicate a familiarity with the new guidelines, particularly those in R.C. §2929.22(B).
{ } Appellant presents no authority for the proposition that a trial judge cannot impose a short jail sentence to deter a traffic offender from committing future traffic offenses if the offender has been declared permanently disabled due to a brain injury. Furthermore, Appellant did have prior traffic convictions, including a citation for failure to yield in 2003. Thus, Appellant's disability was not the only reason for the imposition of a jail term. The trial court's decision to impose three days in jail may seem harsh, but it is certainly within the spectrum of sentences available under the misdemeanor sentencing laws.
{ } In conclusion, Appellant's first assignment of error is sustained because the trial court failed to permit Appellant to exercise his right of allocution at sentencing. Appellant's second assignment of error is overruled. The sentence imposed by the Youngstown Municipal Court is vacated, and this case is remanded for resentencing.
Donofrio, P.J., concurs.
DeGenaro, J., concurs.
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