[Cite as State v. Delgros , 2020-Ohio-4529.]

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY, OHIO

STATE OF OHIO, : O P I N I O N Plaintiff-Appellee, : CASE NO. 2019-T-0085 - vs - : NATHAN HALE DELGROS, : Defendant-Appellant. :

Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2019 CR 00723.

Jud g ment: Vacated in part and remanded.

Dennis Watkins , Trumbull County Prosecutor, and Ashleigh Musick , Assistant Prosecutor, Administration Building, Fourth Floor, 160 High Str eet, N.W., Warren, OH 44481 ( For Plaintiff-Appellee )

. Rhys B. Cartwright-Jones , 42 North Phelps Street, Youngstown, OH 44503 (For Defendant-Appellant )

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MATT LYNCH, J. {¶1} Defendant-appellant, Nathan Delgros, appeals the imposition of a lifetime driver’s license suspension following his convictions for Aggra vated Vehicular Assault and Failure to Stop after an Accident. For the following reaso ns, we vacate the imposition of the lifetime driver’s license suspension. {¶2} On October 3, 2019, Delgros entered a plea of guilty to a Bill of Information, including one count of Aggravated Vehicular Assaul t, a felony of the fourth2 degree in violation of R.C. 2903.08(A)(2)(b), (C)(1) and (2), a nd one count of Failure to Stop after an Accident, a felony of the fifth degree in violati on of R.C. 4549.02(A)(1) and (B)(2)(a). {¶3} On November 8, 2019, the trial court issued its Entry on Senten ce which, inter alia, ordered that Delgros “shall have a lifetime driver’ s license suspension.” {¶4} On December 6, 2019, Delgros filed a Notice of Appeal. On appe al, he raises the following assignment of error: “The trial court erre d in imposing a lifetime license suspension.” {¶5} The appellate court reviewing a felony sentence “may vacate the sentence and remand the matter to the sentencing court for resentencing[ ,] * * * if it clearly and convincingly finds * * * the sentence is otherwise contrary to law.” R.C. 2953.08(G)(2)(b). “As a general rule, if an appellate court de termines that a sentence is clearly and convincingly contrary to law, it may remand for res entencing.” State v.

Fischer , 128 Ohio St.3d 92, 2010-Ohio-6238, 942 N.E.2d 332, ¶ 10. Whe n a case is remanded because the court has failed to impose a statutorily m andated license suspension, “[r]esentencing of the offender is limited to the i mposition of the mandatory driver’s license suspension.” State v. Harris , 132 Ohio St.3d 318, 2012-Ohio-1908, 972 N.E.2d 509, paragraph one of the syllabus. {¶6} Delgros argues, the State concedes, and this court agrees that the lifetime license suspension imposed by the trial court is contrary to la w. {¶7} When sentencing for Aggravated Vehicular Assault, “the court sh all impose upon the offender a class four suspension of the offende r’s driver’s license * * * from the range specified in division (A)(4) of section 4510.02 of the Revised Code.”3 R.C. 2903.08(C)(2). That range is “a definite period of one to five years.” R.C. 4510.02(A)(4). When sentencing for Failure to Stop after an Ac cident, “the court * * * shall impose upon the offender a class five suspension of the o ffender’s driver’s license * * * from the range specified in division (A)(5) of section 45 10.02 of the Revised Code.” R.C. 4549.02(B)(4). That range is “a definite period of six mo nths to three years.” R.C. 4510.02(A)(5). {¶8} The lifetime driver’s license suspension ordered by the trial c ourt exceeds the prescribed ranges for class four and five suspensions and i s, accordingly, contrary

to law. State v. Sow , 1st Dist. Hamilton No. C-160835, 2019-Ohio-3641, ¶ 18; State v.

Buchert , 1st Dist. Hamilton No. C-160274, 2016-Ohio-7580, ¶ 23. {¶9} We note the written plea agreement signed by Delgros correctly described the mandatory class four and class five license suspensions tha t the trial court was required to impose by law. The agreement, however, incorrectly cites the first count as a violation of R.C. 2903.06 (vehicular homicide) rather than a violation of R.C. 2903.08 which is the appropriate section for Aggravated Vehicular Assau lt. In all other respects, such as the description of the crime and the corresponding stat utory divisions (A)(2)(b) and (C)(2), the agreement sets forth a charge of Aggravated Veh icular Assault. The error of citing section .06 instead of .08 for Aggravated Vehic ular Assault is repeated in the court’s Entry on Sentence. On remand, the court is instruc ted to correct the statutory citation for Aggravated Vehicular Assault in addition to imposing an appropriate license suspension. {¶10} The sole assignment of error is with merit. {¶11} For the foregoing reasons, the lower court’s Entry on Sentence is vacated4 as to the lifetime license suspension only and this case is rem anded for further proceedings consistent with th is opinion. Costs to be taxed ag ainst the appellee.

THOMAS R. WRIGHT, J., MARY JANE TRAPP, J.,

concur.