While driving D apparently suffered a cardiac event, lost consciousness, crossed left of center, and collided with the Carroll vehicle. D’s husband, a friend, and the driver of the other car died. P stipulated that there was no evidence of criminal recklessness or criminal negligence on her part. D now faces a potential five-year prison term. R.C. 2903.04 provides: '(B) No person shall cause the death of another * * * as a proximate result of the offender's committing or attempting to commit a misdemeanor of the first, second, third, or fourth-degree or a minor misdemeanor. (C) Whoever violates this section is guilty of involuntary manslaughter. * * * Violation of division (B) of this section is a felony of the third degree.' A third-degree felony carries the potential penalty of one to five years in prison and a fine of up to $ 10,000. ( R.C. 2929.14[A][4]; 2929.18[A][3][c].) D was indicted under R.C. 2903.04. D argued that the potential penalty imposed is disproportionate to the crime committed (a minor misdemeanor), and is violative of the constitutional prohibition against cruel and unusual punishments. Both lower courts agreed with D and P appealed.

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