State v. Ayers
2013 Ohio 2998
Ohio Ct. App.2013Background
- Ronald Ayers pleaded guilty in 2012 to rape (CR-548318) and sexual battery (CR-555008); sentenced to a total of eight years and classified as a Tier III sex offender.
- The trial court ordered Ayers to pay court costs but waived any fines.
- Ayers appealed, arguing the court failed to notify him at sentencing that failure to pay court costs could lead to an order to perform community service under R.C. 2947.23(A)(1).
- The State conceded the trial court did not give the required statutory notice.
- The appellate court reviewed whether the sentencing court’s omission required remediation and the appropriate remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court must notify defendant that nonpayment of court costs may result in community service | State: statute requires notification at sentencing; omission is error (State concedes) | Ayers: court erred by imposing costs without the statutorily required notice that nonpayment may lead to community service | Court: Notice is mandatory under R.C. 2947.23(A)(1) and a sentencing court must provide it at sentencing (error found) |
| Proper remedy for failure to give statutory notice | State: (conceded error; did not press alternate remedy) | Ayers: urged vacatur of costs and prohibition on imposing community service | Court: Vacate the court-costs portion of the sentence and remand for a hearing limited to providing the required notice and reimposition of costs if appropriate |
Key Cases Cited
- State v. Smith, 131 Ohio St.3d 297, 964 N.E.2d 423 (Ohio 2012) (R.C. 2947.23(A)(1) notice requirement is mandatory; court must give notice at sentencing)