State v. Manns

Citations

• 252 N.E.3d 666
• 2024 Ohio 4632

Syllabus

Felony Sentencing; R.C. 2953.08; Contrary to Law; Presentence Investigation; Plain Error. A trial court's reliance on evidence from outside the record may violate a defendant's due process rights and render a sentence contrary to law. However, references to information from a co-defendant's case after the defendant's sentence has been imposed do not necessarily constitute plain error where the findings made in support of the defendant's sentence have an independent basis in the record or where the trial court does not rely on such information in fashioning a sentence. A presentence investigation report is confidential. A defendant does not have the right to access a co-defendant's PSI from another case. A trial court's reference to a co-defendant's PSI does not constitute plain error where the record contains no indication that the sentence imposed on the defendant was based on any information contained therein.