State v. Caplinger

Harsha, Judge.

This is a delayed appeal of a judgment of the Highland County Court of Common Pleas sentencing appellant, Martin Caplinger, to an indeterminate prison term of five to ten years for a violation of R.C. 2903.06(A), aggravated vehicular homicide.

Appellant assigns three errors for our review:

“Assignment of Error No. 1:

“The trial court erred in sentencing the appellant to five to ten years for a third degree aggravated felony when the appellant was told at the time of the entering of his guilty plea that the count to which he was pleading guilty was a fourth degree felony, with a…