Ohio v. Connin, 2021 Ohio 4445

Connin, previously convicted in case No. 19CR104 (felony cocaine possession), was released on personal recognizance with a condition to appear for sentencing.
He failed to appear for sentencing twice (April 21 and April 23, 2020). A grand jury indicted him on two counts under R.C. 2937.29 (failure to appear while on PR bond), each a fourth-degree felony.
At trial the State presented evidence of mailed notices to defense counsel and to Connin’s last known address, multiple phone calls from the probation officer, and defense counsel’s communications; the jury convicted on both counts.
The trial court sentenced Connin to concurrent prison terms and ordered him to pay prosecution costs and court-appointed-counsel fees in the sentencing entry.
Connin appealed, raising (1) insufficiency of the evidence (notice and recklessness), (2) manifest weight, and (3) that imposition of appointed-counsel fees was contrary to law/unsupported by findings on his ability to pay.
The appellate court affirmed the convictions but vacated the portion of the judgment that ordered appointed-counsel fees as part of the criminal sentence and remanded for a separate civil entry assessing those fees consistent with State v. Taylor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency — was recklessness proved for R.C. 2937.29?	State: Evidence (mailed notice to counsel/address, probation officer calls, counsel’s alerts) permits a rational jury to find Connin acted recklessly in failing to appear.	Connin: State failed to prove actual notice and recklessness, citing COVID-era confusion and lack of personal contact.	Court: Recklessness is the correct mens rea (actual notice not required); the evidence, viewed favorably to the State, was sufficient to establish recklessness.
Manifest weight — did jury lose its way?	State: Witness testimony and Connin’s statements provide competent, credible evidence supporting convictions.	Connin: Conviction unjust given pandemic, his later surrender/appearance, and alleged postal confusion.	Court: No miscarriage of justice; verdicts not against manifest weight.
Appointed-counsel fees — lawful and supported by ability-to-pay finding?	State: Trial court relied on the PSI and sentencing hearing; fees may be imposed but should be a civil assessment separate from sentence.	Connin: Trial court made no affirmative finding on present or future ability to pay; fees should be vacated.	Court: Agreed fees cannot be part of the criminal sentence under Taylor; record (PSI and hearing) provided clear-and-convincing evidence of ability to pay. Vacated the fees as part of the sentence and remanded for a separate civil entry to assess appointed-counsel fees.

State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (standard for reviewing sufficiency and manifest weight)
State v. Adams, 62 Ohio St.2d 151, 404 N.E.2d 144 (where statute silent on mens rea, recklessness suffices)
State v. McFarland, 162 Ohio St.3d 36, 164 N.E.3d 316 (review standard for sufficiency of the evidence)
State v. Yarbrough, 95 Ohio St.3d 227, 767 N.E.2d 216 (all admissible evidence may be considered on sufficiency review)
State v. Taylor, 163 Ohio St.3d 508, 171 N.E.3d 290 (appointed-counsel fees are civil assessments and should not be included as part of the criminal sentence)
State v. Jones, 163 Ohio St.3d 242, 169 N.E.3d 649 (limits on appellate relief under R.C. 2953.08)
State ex rel. Kuczak v. Saffold, 67 Ohio St.3d 123, 616 N.E.2d 230 (court may issue warrant for absent defendant)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (manifest-weight-review principles)