A 19-year-old Columbus, OH man who was convicted in July of this year on charges of felonious assault, aggravated robbery, aggravated trafficking in drugs, and other charges has had his conviction and sentencing appeal denied by the Court of Appeals of Ohio Fourth Appellate District, according to an article at Logan Daily.
Warren Love, the defendant, appealed his conviction and sentencing based on his belief that in imposing his sentence of 23 years, the trial court committed a harmful error. Love also argued that he was convicted even though there was insufficient evidence.
Bill Archer, Hocking County Assistant Prosecutor, said that Love is a “thug” who “brought his crime show” to Hocking. Love was convicted of shooting a man in the leg in January of last year during a drug deal. Apparently, the shooting victim handed over his money, but Love shot him instead of giving him the drugs he paid for. On April 10, the Court of Appeals filed a judgment which affirmed the conviction and sentencing originally handed down by the Hocking County Common Pleas Court.
Many people who are convicted of crimes believe that once they have been found guilty, it is the end of the line – there is nothing else they can do. The fact is, in many cases there are other options including filing a motion for a new trial, appealing a sentence that seems harsh according to sentencing guidelines, even filing a motion for a Ginther Hearing in situations where the defendant was found guilty because of inadequate counsel. However, when you appeal a conviction or sentencing, it is not an opportunity for a new trial. The appeals court panel of judges will review all of the documentation, evidence, and material from the trial to determine whether errors were made in the criminal justice process, the defendant’s rights violated in some way, etc.
While it is fairly rare for an appeals court to overturn a conviction, it does happen. It is critical that anyone who feels he or she has been wrongfully convicted or unfairly sentenced consult with a Michigan criminal appeals attorney to discuss the various motion and appeal options. The more experienced and capable the defense lawyer is in the appeals process, the better the chances of having things turned around in favor of the accused.