State v. Shaffner, Unpublished Decision (7-21-2003)
State v. Shaffner, Unpublished Decision (7-21-2003)
Opinion of the Court
{¶ 2} On April 10, 2002, appellant was indicted on one count of aggravated burglary, a violation of R.C.
{¶ 3} On June 3, 2002, the charges against appellant were tried to a jury. The jury found appellant guilty of aggravated burglary and the lesser included offense of misdemeanor assault, a violation of R.C.
{¶ 4} Appellant appeals from his conviction and sentence, raising two assignments of error.
Assignment of Error No. 1
{¶ 5} "THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT WHEN IT FAILED TO ORDER A VICTIM IMPACT STATEMENT PRIOR TO SENTENCING."
{¶ 6} Appellant argues that the trial court erred by failing to order a victim impact statement as required by R.C.
{¶ 7} Appellant's trial counsel failed to object to the trial court's failure to order a victim impact statement; therefore, the trial court's failure to order the statement must constitute plain error. Crim.R. 52(B) provides that "[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court." Generally, "[n]otice of plain error under Crim.R. 52(B) is to be taken with the utmost caution, under exceptional circumstances and only to prevent a manifest miscarriage of justice."State v. Long (1978),
{¶ 8} The trial court's failure to order preparation of a victim impact statement pursuant to R.C.
{¶ 9} Appellant's first assignment of error is overruled.
Assignment of Error No. 2
{¶ 10} "APPELLANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL."
{¶ 11} Appellant argues that his counsel's conduct in failing to request a victim impact statement and in failing to object when the trial court did not order one constituted constitutionally ineffective assistance of counsel. We disagree with this argument.
{¶ 12} To prevail on an ineffective assistance of counsel claim, a criminal defendant must show that his counsel's performance was deficientand that he was prejudiced thereby. Strickland v. Washington (1984),
{¶ 13} The decision of appellant's trial counsel not to call to the trial court's attention the fact that no victim impact statement was filed in this case may have been a strategic choice made by counsel in the belief that such a statement would have done more harm than good. Such a strategic decision by trial counsel is entitled to broad deference by reviewing courts such as this one. Id. at 689.
{¶ 14} Furthermore, it is apparent that appellant was not prejudiced by his counsel's failure to ensure that a victim impact statement was made in this case. As stated in response to appellant's first assignment of error, such statements generally benefit the prosecution, not the defendant. Also, defense counsel could have provided the trial court with the information that appellant contends would have been provided by a victim impact statement if counsel had believed that such information would have been beneficial. Appellant has failed to convince this court that, had his defense counsel presented this information to the trial court, there was a reasonable probability of a different result.
{¶ 15} Appellant's second assignment of error is overruled.
{¶ 16} The trial court's judgment is affirmed.
YOUNG, P.J., and POWELL, J., concur.
{¶ b} "(A) In all criminal cases in which a person is convicted of or pleads guilty to a felony, if the offender, in committing the offense, caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the offense, the court, prior to sentencing the offender, shall order the preparation of a victim impact statement by the department of probation of the county in which the victim of the offense resides, by the court's own regular probation officer, or by a victim assistance program that is operated by the state, any county or municipal corporation, or any other governmental entity. The court, in accordance with sections
Case-law data current through December 31, 2025. Source: CourtListener bulk data.