State v. Dismukes
2011 Ohio 2193
Ohio Ct. App.2011Background
- Dismukes was convicted of assaulting a corrections officer and sentenced in October 2010 to 12 months’ incarceration plus court costs.
- The trial court did not advise that failure to pay court costs could lead to a court-ordered community service requirement.
- The State conceded the court failed to provide the required notification under R.C. 2947.23(A)(1)(a).
- Dismukes appealed asserting three errors related to the court costs issue and notice.
- The court modified the sentence by striking the imposition of court costs and remanding for an amended entry.
- The appellate court concluded the cost imposition was clearly and convincingly contrary to law and sua sponte remanded for entry modification; other issues were deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the court’s imposition of costs valid without the statutorily required notice? | Dismukes | State | Cost imposition without notice was error |
| Did trial counsel provide ineffective assistance by failing to object to the improper costs imposition? | Dismukes | State | Ineffective assistance unresolved due to mootness after modification |
| Did the trial court commit plain error by imposing costs without proper notification? | Dismukes | State | Plain error found; judgment modified |
Key Cases Cited
- State v. Moss, 186 Ohio App.3d 787 (2010-Ohio-1135) (ripe issue; vacate costs and remand for resentencing when not properly notified)
- State v. Brooks, 163 Ohio App.3d 241 (2005-Ohio-4728) (authority to modify sentence to remedy clearly contrary-to-law imposition)