State v. Warwick

Citations

• 2018 Ohio 139

Syllabus

The defendant failed to establish the trial court's noncompliance with the requirements of R.C. 2951.03 where there was no evidence in the record demonstrating the court failed to provide the defendant or her defense counsel with access to the presentence investigation report prior to sentencing. The defendant's claims of prosecutorial misconduct were without merit where there was no evidence in the record indicating the prosecutor had an ex parte communication with the judge prior to sentencing, the defendant failed to establish any prejudice from the alleged communication, the record demonstrated the prosecutor provided notice of its intent to call an expert witness at sentencing, and the materials the prosecutor introduced at the sentencing hearing were provided to defense counsel during discovery.