2024 Ohio 486
Ohio Ct. App.2024Background
- 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.
