State v. Johnson

Defendant pled no contest to aggravated robbery, robbery, and aggravated possession of drugs. The sentencing court imposed a term of imprisonment and $19,000 in fines. Defendant appealed his sentence, and Defendant’s newly-appointed appellate counsel moved to view and supplement the record with the presentence investigation report. The court of appeals denied the motion to disclose the report to Defendant’s appellate counsel. The Supreme Court reversed, holding (1) the term “defendant’s counsel” as used in Ohio Rev. Code 2951.03, which permits a defendant’s counsel to inspect and use a presentence investigation report, encompasses both a defendant’s trial counsel and a defendant’s appellate counsel; and (2) therefore, under section 2951.03, Defendant’s appellate counsel was entitled to obtain a copy of Defendant’s presentence investigation report. View "State v. Johnson" on Justia Law