Can a Person Be Punished for Offenses Without a Trial or An Opportunity to Defend Himself by Cross-Examining Witnesses ?
In State v. Blake, 3rd Dist. No. 14-03-33, 2004 Ohio 1952the trial court considered dismissed charges during sentencing and even stated on the record that it believed the defendant was guilty of those charges.
"Although all of these things can be considered to determine likelihood to recidivate, they cannot be the sole basis for imposing the maximum sentence." Id. at P6.
To allow that would permit a defendant to be punished for offenses without a trial or an opportunity to defend oneself by cross-examining the witnesses. Id.