What Prison Sentence is “Mandatory” in Aggravated Vehicular Homicide?

Aggravated Vehicular Homicide (AVH) cases in Ohio come in two primary types — deaths as the proximate
result of DUI / OVI and deaths as the proximate result of Reckless Operation
of a Vehicle.
The “DUI” specification offense carries a mandatory prison term
of 2-8 years (not taking into account other sentencing enhancers such
as a prior conviction or was driving under suspension / without a valid license).
There is a split of opinion in Ohio as to whether or not 2 years is the
mandatory time or if any prison term a judge gives is 100% mandatory.
This issue was recently addressed in the 5th District Court of Appeals.
If a court orders a 4 year prison term for instance, only 2 years is mandatory
time. (State v. Thompson,
Delaware App. No. 10CAA020014, 11/5/10).