State v. Edwards
2011 Ohio 3472
Ohio Ct. App.2011Background
- Edwards pled guilty to felonious assault (second-degree felony) and domestic violence (misdemeanor).
- In 2006 he was sentenced to an aggregate five years in prison and informed of a five-year postrelease control (PRC).
- The applicable PRC for the second-degree felony was three years, not five, creating a need for de novo resentencing to properly impose PRC.
- The state sought a de novo resentencing hearing and Edwards’ resentencing occurred on October 7, 2010, shortly before his projected release date.
- Edwards waived his physical presence; the hearing was conducted by video conference with private private consultation with counsel.
- The court imposed the correct three-year PRC term while otherwise leaving the original sentence intact; Edwards appealed arguing the video-conference resentencing violated constitutional and rule-based appearance requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether video-conference resentencing violated appearance rights. | Edwards (State) argues Crim.R. 43 and Article I, Section 10 require in-person appearance with counsel. | Edwards contends the waiver allowed remote participation under Crim.R. 43(A)(2) for felony resentencing. | Waiver valid; plain error not established; no prejudice shown; affirmed. |
Key Cases Cited
- State v. Reed, 2010-Ohio-5819 (Franklin App. No. 09AP-1164, 2010-Ohio-5819) (plain-error standard in appearance-right context)
- State v. Tichon, 102 Ohio App.3d 758 (Ohio App. 1995) (plain-error review; need for prejudice)
- State v. Waddell, 75 Ohio St.3d 163 (Sup. Ct. 1996) (harmless error when no prejudice shown)
- State v. Williams, (1983) 6 Ohio St.3d 281 (Sup. Ct. 1983) (harmless-error principle in right-to-counsel violations)
- State v. Phillips, 74 Ohio St.3d 72 (Sup. Ct. 1995) (utmost-caution plain-error doctrine)
- State v. McCollins, 2011-Ohio-2398 (Ct. App. 2011) (harmless error analysis for Crim.R. 43 violations)