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Rule 32 – Sentence

May 14, 2021 | Criminal Procedure, Ohio

(A) Imposition of sentence. Sentence shall be imposed without unnecessary delay. Pending sentence, the court may commit the defendant or continue or alter the bail. At the time of imposing sentence, the court shall do all of the following:

(1) Afford counsel an opportunity to speak on behalf of the defendant and address the defendant personally and ask if he or she wishes to make a statement in his or her own behalf or present any information in mitigation of punishment.
(2) Afford the prosecuting attorney an opportunity to speak;
(3) Afford the victim the rights provided by law;
(4) In serious offenses, state its statutory findings and give reasons supporting those findings, if appropriate.
(B) Notification of right to appeal.

(1) After imposing sentence in a serious offense that has gone to trial, the court shall advise the defendant that the defendant has a right to appeal the conviction.
(2) After imposing sentence in a serious offense, the court shall advise the defendant of the defendant’s right, where applicable, to appeal or to seek leave to appeal the sentence imposed.
(3) If a right to appeal or a right to seek leave to appeal applies under division (B)(1) or (B)(2) of this rule, the court also shall advise the defendant of all of the following:

(a) That if the defendant is unable to pay the cost of an appeal, the defendant has the right to appeal without payment;
(b) That if the defendant is unable to obtain counsel for an appeal, counsel will be appointed without cost;
(c) That if the defendant is unable to pay the costs of documents necessary to an appeal, the documents will be provided without cost;
(d) That the defendant has a right to have a notice of appeal timely filed on his or her behalf.Upon defendant’s request, the court shall forthwith appoint counsel for appeal.
(C) Judgment.

A judgment of conviction shall set forth the fact of conviction and the sentence. Multiple judgments of conviction may be addressed in one judgment entry. If the defendant is found not guilty or for any other reason is entitled to be discharged, the court shall render judgment accordingly. The judge shall sign the judgment and the clerk shall enter it on the journal. A judgment is effective only when entered on the journal by the clerk.

Ohio. Crim. R. 32

Effective:July 1, 1973; amended effective July 1, 1992;July 1, 1998,July 1, 2004; July 1, 2009; July 1, 2013.

Staff Note (July 1, 2004 Amendment)

Rule 32(A) Imposition of sentence.

Criminal Rule 32(A) was amended to conform with the Supreme Court of Ohio’s decision in State v. Comer, 99 Ohio St. 3d 463, 2003-Ohio 4165. The Comer decision mandates that a trial court must make specific statutory findings and the reasons supporting those findings when a trial court, in serious offenses, imposes consecutive sentences or nonminimum sentences on a first offender pursuant to R.C. 2929.14(B), 2929.14(E)(4) and 2929.19(B)(2). Crim. R. 32(A) was modified to ensure there was no discrepancy in the criminal rules and the Court’s holding in Comer.

Staff Notes (July 1, 2013 Amendments)

Rule 32(C) sets forth the four essential elements required for a judgment of conviction as defined by the Supreme Court of Ohio. See State v. Lester, 2011-Ohio-5204. The previous rule arguably required the judgment to specify the specific manner of conviction, e.g., plea, verdict, or findings upon with the conviction is based. The amendment to the rule allows, but does not require, the judgment to specify the specific manner of conviction. When a judgment of conviction reflects the four substantive provisions, as set forth by the Supreme Court of Ohio, it is a final order subject to appeal.