State v. Downing

Citations

• 2024 Ohio 381

Syllabus

Within the context of a guilty plea, a presentence interview with a probation officer is not a critical stage in which a defendant's right to counsel attaches under the Sixth Amendment to the United States Constitution or under Section 10, Article I of the Ohio Constitution. The probation officer conducting the PSI interview is not acting on behalf of the state, but rather, is acting as a neutral information gatherer for the sentencing judge. Appellant was not subject to a custodial interrogation and was not compelled by the threat of arrest or some other penalty that foreclosed his right to remain silent during the presentence investigation interview. Appellant waived his constitutional right against self-incrimination during the PSI interview process when he voluntarily answered the probation officer's questions regarding the circumstances surrounding the sexual battery offenses. The trial court did not delegate its sentencing authority to the PSI writer and appellant's sentence was not contrary to law.