State v. Barnett
2023 Ohio 678
Ohio Ct. App.2023Background
- Barnett was indicted on money laundering (third-degree felony) and theft; she pled guilty to money laundering and theft was dismissed.
- At arraignment she was found indigent and appointed counsel; initial sentence (May 2022) was five years community control with placement at the WORTH Center.
- The trial court’s May 2022 entry included language ordering Barnett to pay court costs, including court-appointed counsel fees.
- The State moved to revoke community control after Barnett failed to complete WORTH; Barnett admitted the violation and at disposition the State recommended 30 months’ imprisonment.
- The court sentenced Barnett to 30 months (with 212 days credit) and ordered “costs to Defendant including court appointed counsel fees…taxed as costs”; Barnett appealed raising three assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by ordering Barnett to pay court‑appointed counsel fees without a hearing on ability to pay | State: Trial court may assess fees without specific on‑record findings (Taylor permits assessment) | Barnett: A hearing/on‑record inquiry was required to determine current or future ability to pay | Overruled Barnett’s claim. Under Taylor the court was not required to make specific on‑record findings or hold a hearing (though best practice is to do so). |
| Whether court‑appointed counsel fees may be taxed as "costs" and included in the sentencing entry | State: Fees may be assessed against defendant | Barnett: Fees cannot be taxed as costs or included as part of sentence | Sustained in part. Court vacated the portion taxing appointed‑counsel fees as costs because R.C. 2941.51(D)/Taylor treat such fees as civil assessments, not costs of the criminal sentence. |
| Whether the 30‑month prison term is strikingly inconsistent with R.C. 2929.12 | State: Sentence is within statutory range and supported by record (multiple prior convictions, program failures, drug positives) | Barnett: Sentence is disproportionate/contrary to seriousness and recidivism factors | Overruled Barnett’s claim. 30 months is within the statutory range and the record supports the trial court’s sentencing determinations; sentence not contrary to law. |
Key Cases Cited
- State v. Taylor, 163 Ohio St.3d 508 (2020) (trial court may assess court‑appointed counsel fees but such fees are civil assessments and not part of the criminal sentence)
- State v. Jones, 163 Ohio St.3d 242 (2020) (limits appellate reweighing of R.C. 2929.11/2929.12; review under R.C. 2953.08(G)(2))
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for appellate review of felony sentences)