State v. Ranieri, 63562
Decision Date | 21 December 1992 |
Docket Number | No. 63562,63562 |
Citation | 616 N.E.2d 1191,84 Ohio App.3d 432 |
Parties | The STATE of Ohio, Appellee, v. RANIERI, Appellant. |
Court | Ohio Court of Appeals |
Stephanie Tubbs Jones, Cuyahoga County Prosecuting Atty., and George Sadd, Asst. Prosecuting Atty., Cleveland, for appellee.
John A. Bay, Asst. State Public Defender, Columbus, for appellant.
This is an accelerated appeal brought pursuant to App.R. 11.1 and Loc.R. 25 of the Court of Appeals of Cuyahoga County.
Defendant-appellant, Antonio L. Ranieri, appeals from an order of the Cuyahoga County Court of Common Pleas which amended the original sentence of incarceration without appellant's presence.
The appellant's appeal is well taken.
On June 21, 1981, the appellant was indicted by the Cuyahoga County Grand Jury for one count of kidnapping in violation of R.C. 2905.01 and one count of rape in violation of R.C. 2907.02. On July 9, 1981, the appellant was arraigned whereupon a plea of not guilty was entered to both counts of the indictment.
On March 29, 1982, the appellant retracted his former plea of not guilty and entered a plea of guilty to the amended second count of attempted rape. The trial court, upon recommendation of the prosecutor, nolled the first count of the indictment, which involved the offense of kidnapping.
On May 27, 1982, the trial court sentenced the appellant to incarceration in the Columbus Correctional Facility, Columbus, Ohio, for a term of two years to ten years. On June 30, 1982, the trial court amended the appellant's sentence to reflect a term of incarceration of two years to fifteen years. The appellant's sentence of incarceration, however, was amended without the presence of the appellant.
On May 1, 1992, this court granted the appellant a delayed appeal.
The appellant's sole assignment of error is that:
"The trial court erred by sentencing appellant while he was not present in court in violation of Article I, Section 10 of the Ohio Constitution and the Sixth Amendment to the United States Constitution."
The appellant, through his sole assignment of error, argues that the trial court erred by amending the sentence of incarceration without the presence of the appellant.
The appellant's sole assignment of error is well taken.
Crim.R. 43(A), which deals with the presence of a defendant during legal proceedings, provides that:
In addition, this court has held that Crim.R. 43(A) mandates that a defendant must be present during the modification of a sentence.
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State v. Gregory Bryant
... ... [18]. State v. Skaggs 2000 Ohio App ... LEXIS 4947 (Oct.26, 2000), Cuyahoga App. No. 56714, ... unreported, citing State v. Ranieri (1992), 84 Ohio ... App.3d 432, 616 N.E.2d 1191; State v. Calvillo ... (1991), 76 Ohio App. 3d 714, 603 N.E.2d 325; State v ... Bell (1990), 70 ... ...
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Foster v. Warden
...sentencing, including situations where the original sentence was amended or modified." Id. (citing State v. Ranieri, 84 Ohio App.3d 432, 434, 616 N.E.2d 1191, 1192 (Ohio Ct. App. 1992)). However, as the Sixth Circuit explained:while the trial court may have violated Ohio Criminal Rule 43 in......
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Floyd v. Alexander
...presence at any sentencing, including situations where the original sentence was amended or modified. State v. Ranieri, 84 Ohio App.3d 432, 434, 616 N.E.2d 1191, 1192 (1992); Calvillo, 76 Ohio App.3d at 717, 603 N.E.2d at 327; State v. Bell, 70 Ohio App.3d 765, 773, 592 N.E.2d 848, 853 (199......
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State v. Culver
...has the right under Crim.R. 43(A) to be present at every stage of trial, including sentencing. Id. See, also, State v. Ranieri (1992), 84 Ohio App.3d 432, 434, 616 N.E.2d 1191 (vacating the defendant's sentence where the trial court modified the sentence in an entry filed after the sentenci......