State v. Posey

Summary

The Ohio Seventh District Court of Appeals affirmed Herman Posey III's 36-month prison sentence following guilty pleas to vehicular assault and failure to stop after an accident. The court held that the trial court properly considered Community Corrections Association reports concerning Posey's electronic house-arrest violations under Ohio's sentencing statutes and that Posey was given an opportunity for allocution.

Holdings

1. Under R.C. 2929.19(A) and (B)(1)(a), the trial court was permitted to consider the Community Corrections Association letters reporting Posey's house-arrest violations because they were information relevant to sentencing presented before or at the sentencing hearing.
2. Posey's sentence was not contrary to law, and his sole assignment of error was properly overruled.

Questions Presented

1. Whether the trial court unlawfully relied on Community Corrections Association reports concerning Posey's electronic-monitoring house-arrest violations when imposing sentence.
2. Whether Posey's sentence was contrary to law because the house-arrest violation information was allegedly outside the record.

Disposition

affirmed