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Location: Ohio, United States

Former school teacher, home educator, mother of three, and genealogist. Many graduate courses in education. Attorney and counselor at law.

Friday, March 23, 2007

Objection During Sentencing


It appears that in order to preserve an issue for appeal, where that issue arises during sentencing pursuant to a plea, then the defense attorney (or prosecutor) must object before the sentencing hearing is finished. For instance, this should happen for a first time felony offender and where the statute says that the offender should not receive more than the minimum sentence without the judge stating the reasoning behind a higher sentence, and the sentence is higher than the minimum. Or where the cumulative consecutive sentence is higher than the highest sentence available for the most serious offense.

This is tough stuff for the first felony sentence defended by a solo practitioner.

But, does this mean that the issue cannot be appealed?

More research is necessary.

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