State v. Day

Citations

• 2026 Ohio 1999

Syllabus

Upon appellant's admission to a violation of community control sanctions, the trial court revoked community control and sentenced appellant to prison. Appellant claims that his counsel rendered ineffective assistance by failing to make a statement in mitigation at sentencing. Nothing in the record indicates that appellant's counsel did not act within the wide range of reasonable professional assistance. The failure to present evidence in mitigation is not the proper subject of a direct appeal, because the proof of such omitted evidence necessarily lies outside the record. Judgment affirmed.