State v. Ervin, Unpublished Decision (2-4-2000)

OPINION

James H. Ervin, Jr. is appealing from his conviction and sentence by the Municipal Court of Clark County, Ohio, for driving under the influence of alcohol. He was initially charged with several other offenses, but as part of the plea bargain, these were withdrawn, and he pled guilty to the single offense of DUI. Because the trial court found he had four prior DUI offenses in the six years preceding the current one, it could and did impose the maximum penalty of 365 days incarceration. He is appealing only the length of his sentence with the following assignment of error:

THE TRIAL COURT…