Friday, March 1, 2013

Defendants have the right of allocution at sentencing (3 1 2013)

Pursuant to Ohio Criminal Rule 32(A)(1), a trial judge must give a defendant the right to speak before being sentenced. This Rule applies to both felony and misdemeanor cases. A Dayton Municipal Court Judge failed to address the defendant before imposing sentence on her and so the matter had to be remanded for a new sentencing hearing. State v. Harris, 2013-Ohio-716.

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