State v. Stone, 2012 Ohio 630

Stone was indicted in Oct. 2010 for disseminating material harmful to a juvenile; pled guilty to misdemeanor public indecency and a presentence investigation was ordered.
At sentencing, a victim advocate read a statement from the victim’s mother detailing harms and requesting a 90-day sentence; the statement described the victim’s fear and prior abuse.
Defense had opportunity to speak; Stone spoke briefly; counsel did not request a continuance or object to the statement.
The court sentenced Stone to five years of community control, including sex offender treatment, anger management, and 30 days in jail.
Stone appealed arguing the court failed to continue sentencing or allow a response to new material facts within the victim statement under R.C. 2930.14(B).
The appellate court affirmed, holding there were no new material facts requiring a continuance and Stone had a opportunity to respond; sentence upheld.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Continued opportunity to respond to new facts	Stone contends court did not continue for new facts	Court properly allowed response; no continuance required	No error; no new material facts; continuance unnecessary

State v. Crawford, 2011-Ohio-5809 (2d Dist. Darke No. 10-CA-15 (Ohio 2011)) (victim rights and sentencing procedures)
State v. Yates, 2011-Ohio-3619 (2d Dist. Ohio) (requirements for presenting information at sentencing)