State v. Kessel

Citations

• 2019 Ohio 1381

Syllabus

Appellant, who was placed on intensive supervision with the drug court, waived his argument that he was prejudiced when the drug court judge, and not the judge originally assigned to his case, imposed sentence after Appellant violated the conditions of his community control. Ineffective assistance of counsel is not demonstrated by defense counsel's failure to object to the absence of the originally assigned judge at sentencing. There is also no basis to conclude that defense counsel was unprepared or that the outcome of the hearing would have been different if counsel had advocated for the MonDay program instead of prison, since Appellant, who had been ordered to successfully complete the MonDay program, refused to comply. Judgment affirmed.