Friday, March 1, 2013

A defendant must be present for sentencing (3 1 2013)

Ohio Criminal Rule 43(A) states that a defendant must be present for every stage of his criminal proceeding and trial. This includes the sentencing hearing. Therefore, it is error for the Sentencing Entry to include a sentence (or component of a sentence) that is different than what was imposed at the sentencing hearing. That is what happened in the recent case of State v. Williams, 2013-Ohio-726, and the case was remanded to the trial court for re-sentencing.

Contact me today if you need a Dayton Criminal Defense Lawyer for your trial, appeal or other post-conviction matter by going to my Web site and filling in the "contact me" form.

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