State v. Roper

Summary

The Fifth District Court of Appeals of Ohio affirmed Joshua Roper’s convictions and aggregate 96-month sentence for having weapons under disability and sexual battery. The court held that R.C. 2930.14(B) did not require a separate personal allocution concerning the victim impact statement because the trial court did not rely on new material facts and provided opportunities to respond.

Holdings

1. R.C. 2930.14(B) does not provide a defendant with a second absolute right of personal allocution beyond the right provided by Crim.R. 32(A)(1). The statute requires an adequate opportunity to respond to new material facts in a victim impact statement, but it does not require the court to ask the defendant personally whether he wishes to respond.
2. The trial court did not violate R.C. 2930.14(B) because it did not rely on new material facts from the victim impact statement when imposing sentence. In any event, the court provided Roper and his counsel multiple opportunities to respond before the sentence became final.

Questions Presented

1. Whether R.C. 2930.14(B) required the trial court to allow Roper personally to respond to the victim impact statement.
2. Whether the trial court was required to continue the sentencing hearing or take other action because the victim impact statement allegedly contained new material facts.

Disposition

affirmed