Cases | 2007-Ohio-3745(Ohio Ct. App. 2007) | 2018
The defendant pled guilty to burglary and felonious assault after he entered the victim’s home and attacked the victim, with whom the defendant had a child, with a knife. Prior to the sentencing hearing, a victim impact statement was prepared pursuant to state law and the victim later testified at the hearing. The defendant appealed the sentence of eight years in prison and the order was subsequently vacated by the appellate court. Following resentencing for the same prison term, the defendant again appealed, arguing the sentence was improper because two and a half years had passed between the initial sentencing hearing and the second hearing yet the state failed to produce a new victim’s impact statement for the second hearing. The appellate court found failure to order a new impact statement was reversible only with a showing of prejudice to the defendant. Additionally, the court held the failure to produce a new statement was not prejudicial to the defendant as the victim testified at the second sentencing hearing and that impact statements are, generally, for the benefit of the prosecution. The sentence was affirmed.