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2024 Ohio 486
Ohio Ct. App.
2024
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Background

  • Shahnaz Ali was convicted in Lucas County, Ohio, of two counts of felonious assault, each a second-degree felony, after pleading no contest.
  • The trial court sentenced her to concurrent prison terms (minimum 3 years and maximum 4.5 years for each count), along with postrelease control and court costs.
  • The sentencing entries included orders for Ali to pay costs of supervision, confinement, prosecution, and appointed counsel fees.
  • Ali appealed, specifically challenging only the imposition of costs of confinement and supervision, arguing the trial court did not consider her ability to pay on the record at sentencing.
  • The prosecution agreed the sentencing hearing did not specifically address these costs but argued the trial court implicitly considered Ali's ability to pay by referencing the presentence investigation (PSI).
  • The appellate court reviewed whether imposing these discretionary costs was contrary to law given the hearing record.

Issues

Issue Ali’s Argument State’s Argument Held
Did the trial court lawfully impose costs of confinement and supervision without considering Ali’s ability to pay on the record at sentencing? Trial court did not address ability to pay for these costs at sentencing, as required Although not raised at hearing, PSI info sufficed to support ability to pay finding The court erred: discretionary costs like confinement must be imposed on record at sentencing; those portions of judgment vacated

Key Cases Cited

  • No cases with official reporter citations were referenced in the opinion for inclusion based on the instructions. The court cited local cases but not from official reporters.
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Case Details

Case Name: State v. Ali
Court Name: Ohio Court of Appeals
Date Published: Feb 9, 2024
Citations: 2024 Ohio 486; L-23-1123, L-23-1129
Docket Number: L-23-1123, L-23-1129
Court Abbreviation: Ohio Ct. App.
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