State v. Auxter, 2017 Ohio 1311

Appellant David A. Auxter, Jr. convicted in two consolidated Sandusky C.P. cases: (1) unlawful sexual conduct with a minor (R.C. 2907.04(A)), 4th-degree felony; (2) permitting drug abuse (R.C. 2925.13), 1st-degree misdemeanor. Sentences: 18 months (felony) and 180 days (misdemeanor), to run concurrently.
Underlying facts: in Sept. 2015, Auxter and a 13-year-old boy were found unconscious in a vehicle with opiates present; fentanyl was found. On Dec. 9, 2015, Auxter engaged in sexual contact with a 13-year-old girl who initially alleged assault then recanted, calling it consensual, which Auxter admitted.
Presentence report noted limited adult criminal history (theft, assault, driving without a license), substance-abuse history (alcohol and illicit drugs), some educational/cognitive concerns (IEP, reported ADHD), and the PSI interviewer’s observation that Auxter showed no remorse.
At sentencing, victim’s grandmother urged incapacitation; defense emphasized remorse, cognitive delays, efforts at behavior change, and desire for treatment/education.
Trial court imposed maximum lawful terms (18 months; 180 days). Court also notified Auxter that unpaid appointed counsel fees could be converted to community service; on appeal the court found that portion void.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the record supports imposition of maximum sentences	State argued maximum terms justified by seriousness, danger to minors, pattern of offending and need for incapacitation/deterrence	Auxter argued mitigating factors (cognitive delays, remorse, rehabilitation efforts, limited criminal history) were not adequately considered and record does not support maximums	Court affirmed: clear-and-convincing evidence supports maximum sentences; court considered statutory factors and incarceration was reasonable
Whether trial court may convert unpaid appointed counsel fees to community service	State relied on court’s ancillary authority to set means-based repayment	Auxter argued conversion to community service is improper/illegal (involuntary servitude concern) and not authorized for appointed-fee enforcement	Court reversed that portion: converting unpaid appointed counsel fees to community service is impermissible and that notice was void

State v. Foster, 109 Ohio St.3d 1 (2006) (trial court not required to make specific Ohio R.C. 2929.14 findings on record to impose sentence)
Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear-and-convincing evidence)
State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for appellate review of felony sentences under R.C. 2953.08(G)(2))
State v. White, 103 Ohio St.3d 580 (2004) (R.C. 2947.23(B) permits community service to satisfy costs of prosecution)
State ex rel. Carriger v. Galion, 53 Ohio St.3d 250 (1990) (preconviction defendants cannot be forced into community service to pay for appointed counsel; dicta on Thirteenth Amendment concerns)
State v. Adams, 62 Ohio St.2d 151 (1980) (definition of abuse of discretion)
State v. Joseph, 125 Ohio St.3d 76 (2010) (costs of prosecution are civil obligations, not punitive sanctions)