State v. Stafford

Mark P. Painter, Judge.

{If 1} Defendant-appellant Darrin Stafford appeals his conviction for aggravated vehicular homicide and three counts of vehicular assault. We affirm the trial court’s decisions regarding the pretrial motions and the findings of guilt.

{¶ 2} But we must vacate the sentence and remand for resentencing because the trial court improperly impinged on Stafford’s right to a jury trial. The right to a jury trial is a fundament of American law. We will not permit a trial court to threaten a defendant with a harsher sentence if he exercises a fundamental right.

I. A Tragic Accident

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