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State v. Learn

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 24, 2017

STATE OF OHIO PLAINTIFF-APPELLANT
v.
ETHAN LEARN DEFENDANT-APPELLEE

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-92-284805-ZA

          ATTORNEYS FOR APPELLANT Michael C. O'Malley Cuyahoga County Prosecutor BY: Gregory J. Ochocki Assistant Prosecuting Attorney.

          ATTORNEYS FOR APPELLEE Mark Stanton Cuyahoga County Public Defender BY: Erika B. Cunliffe Assistant Public Defender.

          BEFORE: E.T. Gallagher, J., McCormack, P.J., and Blackmon, J.

          JOURNAL ENTRY AND OPINION

          EILEEN T. GALLAGHER, JUDGE.

         {¶1} Plaintiff-appellant, the state of Ohio ("the state"), appeals from a judgment of the trial court that granted the motion of defendant-appellee, Ethan Learn, to terminate the permanent revocation of his driving privileges. The state raises the following assignment of error for our review:

The trial court erred as a matter of law when it granted defendant-appellee's motion and terminated a permanent driver's license revocation without first holding a hearing as mandated by R.C. 4510.54.

         {¶2} After careful review of the record and relevant case law, we reverse and remand for further proceedings consistent with this opinion.

         I. Procedural and Factual History

         {¶3} In November 1992, Learn pleaded no contest to a single count of aggravated vehicular homicide in violation of R.C. 2903.06, with a driving while intoxicated specification, and three counts of assault in violation of R.C. 2903.13(A).

         {¶4} In January 1993, the trial court imposed an aggregate sentence of three to ten years in prison and permanently revoked Learn's driver's license. In June 2016, Learn filed a motion to terminate and/or modify his driver's license suspension. The state filed a brief in opposition in July 2016. In December 2016, the trial court granted Learn's motion without a hearing.

         {¶5} The state now appeals from the trial court's judgment.

         II. Law and Analysis

         {¶6} In its sole assignment of error, the state argues the trial court erred as a matter of law by granting Learn's motion to terminate the permanent revocation of ...


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