State v. Patterson

Citations

• 2022 Ohio 1167

Syllabus

Confrontation Clause Crim.R. 43(A) Section 10, Article I of the Ohio Constitution resentencing harmless error. The United States Supreme Court has held that one of the most basic rights guaranteed by the Confrontation Clause is a defendant's correlative right to be present in the courtroom at every stage of the trial. In addition, Crim.R. 43(A) and Section 10, Article I of the Ohio Constitution, mandate a defendant's presence at every stage of the criminal proceedings. Although there is no Confrontation Clause right at sentencing, the broad scope and protection offered by Crim.R. 43 embodies the constitutional guarantee under the Confrontation Clause. Appellant argues that the trial court erred by resentencing him without him being present. However, we find appellant's absence constituted harmless error, in this matter, because appellant suffered no prejudice. To the contrary, the trial court conferred a benefit on appellant by waiving the mandatory drug fine of $7,500.