State v. Werner

Singer, Presiding Judge.

{¶ 1} This is an appeal from a judgment of the Ottawa County Court of Common Pleas, ordering continued commitment of a defendant found not guilty of burglary by reason of insanity. We conclude that the trial court’s determination that appellant is mentally ill subject to hospitalization was proper, given the evidence before it; however, we also find that the trial court improperly denied appellant appointment of an independent expert for evaluation at that hearing. Consequently, we vacate the court’s judgment and remand the matter for an additional hearing.

{¶ 2}…