Court of Appeals of Ohio, Second District, Montgomery
Criminal Appeal from Common Pleas Court, Trial Court Case No.
MATHIAS H. HECK, JR., by HEATHER N. JANS, Atty. Reg. No.
0084470, Assistant Prosecuting Attorney, Montgomery County
Prosecutor's Office, Appellate Division, Attorney for
MATTHEW M. SUELLENTROP, Atty. Reg. No. 0089655, Attorney for
1} Defendant-appellant, Alyssa Irwin-Debraux,
appeals from her convictions for one count of grand theft of
a motor vehicle, a fourth-degree felony pursuant to R.C.
2913.02(A)(1) and (B)(5); one count of involuntary
manslaughter, a first-degree felony pursuant to R.C.
2903.04(A) and (C); and one count of failure to comply with
an order or a signal of a police officer, a third-degree
felony pursuant to R.C. 2921.331(B) and (C)(5)(a). Raising
two assignments of error, Irwin-Debraux argues that her
sentences should be vacated because the trial court ordered
her to serve three terms in prison consecutively without
fulfilling the requirements of R.C. 2929.14(C)(4); because
the court failed to consider the purposes and principles of
sentencing; and because the aggregate term of imprisonment
imposed by the court constitutes cruel and unusual
2} We find that the trial court erred by ordering
Irwin-Debraux to serve terms in prison for grand theft of a
motor vehicle and involuntary manslaughter in the absence of
the findings required by R.C. 2929.14(C)(4), but otherwise,
we find that her arguments lack merit. Therefore, the case is
remanded to the trial court for resentencing consistent with
this opinion. In all other respects, Irwin-Debraux's
convictions are affirmed.
Facts and Procedural History
3} On September 11, 2018, Irwin-Debraux stole a 2009
Jeep Patriot and fled from the ensuing police pursuit. In her
attempt to evade capture, she drove the vehicle at speeds
ranging from 65 to 80 m.p.h. along State Route 741, at times
crossing into the opposing lanes of traffic.
4} A motorist attempting to avoid a head-on
collision with Irwin-Debraux instead collided with a vehicle
being driven by Mary Taulbee. Taulbee's vehicle spun
through an intersection and was struck by a police cruiser
involved in the pursuit of Irwin-Debraux. Mary Taulbee died
from the injuries she suffered. The officer, too, was
injured, though he survived.
5} After the accident, Irwin-Debraux tested positive
for the consumption of several illicit substances. She was 18
years of age at the time.
6} On September 24, 2018, a Montgomery County grand
jury indicted Irwin-Debraux on one count of grand theft of a
motor vehicle. By way of a bill of information filed on
December 20, 2018, she was charged with one count of failure
to comply with an order or a signal of a police officer and
one count of involuntary manslaughter; on the same date, she
pleaded guilty as charged on all counts.
7} The trial court held a sentencing hearing on
February 7, 2019, and on February 8, 2019, it filed a
corresponding judgment entry of conviction. Irwin-Debraux
timely filed her notice of appeal to this court on February
8} For her first assignment of error, ...