State v. Kesterson

This is an accelerated appeal from sentences imposed by the Port Clinton Municipal Court on an individual found guilty of two separate charges of operating a motor vehicle while under the influence of alcohol. We find that the trial court, by imposing consecutive terms of incarceration, exceeded the maximum misdemeanor sentencing limits set by R.C. 2929.41(E). However, because R.C. 2929.41(E) is self-executing, we need take no action on this error beyond declaring appellant’s rights. In all other respects, the trial court’s decision is affirmed.

On July 4, 1992, following an accident,…