LISBON - Tony McKenzie, the Lisbon man sentenced earlier to three years for knowingly having unprotected sex with his wife without telling her he was HIV positive, appeared for resentencing on Friday morning in Columbiana County Common Pleas Court.
A Seventh District Court of Appeals ruling had required McKenzie be resentenced. Common Pleas Judge Scott Washam said he understood the ruling to state the post-release control portion of McKenzie's sentence needed to be reworded, which Washam did at Friday's hearing.
However, defense attorney James Hartford asked for Washam to consider imposing the two-year sentence recommended at the time of sentencing, in January 2012. At that time, McKenzie was sentenced to three years.
Hartford also provided Washam with a list of the programs McKenzie has completed at the prison for him to consider.
However, both Assistant County Prosecutor Tammie Riley Jones and Washam noted they did not believe the ruling by the court of appeals gave Washam the authority to revisit the sentence.
Washam said he would take Hartford's motion for judicial release under advisement, giving him two weeks to provide a written brief on the matter and then Jones another week to reply if she chose to do so.
According to court records, McKenzie was diagnosed as HIV positive in 2003, but did not tell his wife until 2010 when he was hospitalized with pneumonia and his doctor insisted he tell. They had met in 2007 and married in 2008.
HIV can lead to Acquired Immune Deficiency Syndrome, also known as AIDS.