Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Michael C. O'Malley Cuyahoga
County Prosecutor BY: Gregory J. Ochocki Assistant
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
T. GALLAGHER, JUDGE.
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
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.
After careful review of the record and relevant case law, we
reverse and remand for further proceedings consistent with
Procedural and Factual History
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).
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.
The state now appeals from the trial court's judgment.
Law and Analysis
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 ...