State v. WaffleState v. Waffle
{If 1} Defendant, Alexander M. Waffle, appealed a judgment of the Court of Common Pleas of Ashland County, Ohio, which convicted and sentenced him to 12 months’ incarceration for attempted grand theft of a motor vehicle and eight years for robbery, after appellant pleaded guilty. The court ordered the two sentences to be served consecutively. On November 30, 2004, this court reversed for resentencing pursuant to
State v. Comer,
{¶ 2} Appellant filed an appeal, raising as his sole assignment of error:
{¶ 3} “The trial court erred by holding a re-sentencing proceeding outside of appellant’s presence.”
{¶ 4} Appellant claims that he trial court erred in resentencing him in absentia. We agree.
{¶ 5} Upon remand by this court for resentencing, the trial court resentenced appellant without his presence. Crim.R. 43(A) and Section 10, Article I of the Ohio Constitution mandate a defendant’s presence at every stage of the criminal proceedings, including imposition of sentence.
{¶ 6} In
State v. Wallace,
Richland App. No. 2002CA0072,
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{¶ 7} “A defendant has a fundamental right to be present at all critical stages of his criminal trial.
State v. Hill,
{¶ 8} We note that the state concurs with appellant’s argument.
{¶ 9} Upon review, we find that the trial court erred in resentencing appellant in absentia. See, also,
State v. Caudill,
Ashland App. No.
{¶ 10} The sole assignment of error is sustained.
{¶ 11} For the foregoing reasons, the judgment of the Ashland County Court of Common Pleas, Ohio, is reversed.
Judgment reversed.