Defendant's Right to be Present was Violated
Defendant had to be re-sentenced by the Richland County Court of Common Pleas. Probably to save the expense of having the defendant transported just so he could be re-sentenced, the trial court re-sentenced the defendant via video conference. Defendant's criminal defense lawyer objected but the re-sentencing was completed. On appeal the Court of Appeals for Richland County found that the trial judge erred by re-sentencing the defendant by video. The re-sentencing violated the defendant's right to be present in violation of Section 10, Article I of the Constitution of Ohio, and Ohio Criminal Rule 43(A). Now the defendant has to be re-sentenced yet again as you can read here. State v. Gray, 2011-Ohio-4570.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
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