“We emphasize that our reversal and remand are only for the purpose of comply with the forgoing statute and in no way affects the underlying conviction or any other aspect of the sentence imposed by the court,” the 12the District court said in the opinion.
Roberts’ attorney David Washington said his client does understand his sentence as it was stated at the sentencing but understands why the judge is redoing the hearing.
“It won’t change anything,” Washington said.
Earlier this month, Oatneal took the same plea deal. His sentencing is set for June 14.
The two were charged in an Aug. 19, 2020 incident during which Roberts, Jonathan Oatneal Jr. and Oatneal’s brother, Joshua Oatneal, attempted to rob a man in the 2600 block of Aspen Drive. The resident shot and killed Joshua Oatneal.
Butler County Prosecutor Michael Gmoser said the surviving men in the alleged burglary are charged with murder because they are complicit in the criminal activity that led Joshua Oatneal’s death.