State v. Witwer

Appellee herein was convicted of a violation of R.C. 2903.06. At the time of the offense, this section provided in relevant part:

*424“(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall recklessly cause the death of another.

“(B) Whoever violates this section is guilty of aggravated vehicular homicide, a felony of the fourth degree.1 If the offender has previously been convicted of an offense under this section or section 2903.07 of the Revised Code, aggravated vehicular homicide is a felony of the…