Ohio Criminal Rule 32(B) regarding the right to appeal

February 25, 2010
By Robert Alan Brenner on February 25, 2010 4:57 PM |

Criminal Rule 32 requires trial judges in Ohio to inform defendants of their appellate rights at sentencing. The Eighth District Court of Appeals reversed the sentence in State v. Hunter, 2010-Ohio-657, because the trial judge failed to inform Hunter at his sentencing hearing of his rights regarding appeal. The Eighth District remanded the case for re-sentencing so that Hunter could be sentenced again and be informed of his rights regarding a possible appeal. At that point the clock would begin to run and Hunter would be able to file a timely notice of appeal as required by Ohio Appellate Rule 4.