State v. Bay, Unpublished Decision (10-15-2001)

DECISION AND JUDGMENT ENTRY Richard E. Bay appeals the eighteen-month prison sentence imposed upon him by the Washington County Court of Common Pleas for violating the conditions of his community control sanction. Bay asserts that the sentence is contrary to law because it exceeds the range of prison terms available for his underlying offense, a felony OMVI under R.C.4511.19(A)(1) and (3) which, in his case, was a felony of the fourth degree under R.C. 4511.99(A)(4)(a). Because the trial court did not have the statutory authority to sentence Bay to a prison term for a first time felony OMVI…