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YOUNGSTOWN A man sentenced to nine years in prison two years ago for striking a Smith Township police officer with his car walked out of Mahoning County Common Pleas Court a free man on Wednesday.
Donald Holladay, 30, of Mogadore, had served two years in prison when he found out last month that the 7th District Court of Appeals had overturned his felonious assault and resisting arrest convictions, which made up seven of the nine years of his sentence.
The court only left standing Holladay’s obstructing official business conviction and a probation violation, which accounted for two years of his sentence. He was released from prison Nov. 30.
TRACEY BLAIR Published: December 14, 2020
A Mahoning County murder defendant argued his due process and Crim.R. 43 rights were violated when he was not physically present at his resentencing hearing.
The state argued that although the trial court did not obtain a waiver under Crim.R. 43, the error did not rise to the level of plain error.
The 7th District Court of Appeals affirmed the sentence, finding Aubrey Toney failed to demonstrate the outcome of the jury trial would have been different had he been physically present.
Toney was resentenced April 12, 2018, for murder, two counts of felonious assault and related firearm specifications. The issue raised in the appeal was whether his rights were violated by appearing at the hearing via teleconference.
TRACEY BLAIR
Published: December 14, 2020 A Mahoning County murder defendant argued his due process and Crim.R. 43 rights were violated when he was not physically present at his resentencing hearing.
The state argued that although the trial court did not obtain a waiver under Crim.R. 43, the error did not rise to the level of plain error.
The 7th District Court of Appeals affirmed the sentence, finding Aubrey Toney failed to demonstrate the outcome of the jury trial would have been different had he been physically present.
Toney was resentenced April 12, 2018, for murder, two counts of felonious assault and related firearm specifications. The issue raised in the appeal was whether his rights were violated by appearing at the hearing via teleconference.