State v. Ward
2017 Ohio 8964
| Ohio Ct. App. | 2017Background
- Allen Ward was indicted on two counts of endangering children and one count of felonious assault; he pleaded guilty to felonious assault and one endangering-children count, with the other count dismissed.
- The trial court sentenced Ward to eight years for felonious assault and 36 months for endangering children, to be served concurrently (aggregate eight years).
- At sentencing the court permitted defense counsel and a mitigation witness to speak but did not personally address Ward or ask if he wished to make a statement (allocution).
- Ward appealed, raising two assignments of error: (1) denial of his right of allocution and (2) that the court imposed the maximum sentence for felonious assault.
- The state conceded the allocution error. The appellate court found the right of allocution was not afforded and that the error was neither invited nor harmless; it sustained the allocution claim, reversed the sentences, and remanded for resentencing while affirming the judgment in all other respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court violated defendant's right of allocution by not addressing him personally before sentencing | State conceded error or did not dispute that court failed to address Ward personally but argued likely harmless | Ward argued court erred by not personally asking if he wished to speak; counsel speaking is insufficient | Court held allocution is mandatory; absence requires resentencing unless error invited or harmless; no invitation or unusual circumstances found — allocution error sustained |
| Whether imposition of maximum sentence for felonious assault was improper | State implicitly defended sentence as imposed | Ward challenged the maximum term | Court found this issue moot because allocution error required resentencing; reversed sentence and remanded without deciding substantive proportionality/maximum error |
Key Cases Cited
- State v. Campbell, 90 Ohio St.3d 320 (2000) (allocution right is mandatory; sentencing without allocution requires resentencing unless invited or harmless)
- State v. Jackson, 150 Ohio St.3d 362 (2016) (trial court must address defendant personally and ask if he wishes to make a statement at sentencing)
- State v. Green, 90 Ohio St.3d 352 (2000) (allocution belongs personally to defendant; counsel’s statement is insufficient)