State v. Dye
2013 Ohio 4285
Ohio Ct. App.2013Background
- Dye pleaded guilty to one count of burglary; remaining charges were nolled and a presentence investigation followed.
- Trial court sentenced Dye to six years in prison on October 27, 2011.
- Dye twice appealed; this court previously affirmed the judgment denying a presentence motion to withdraw the plea.
- Dye filed a Rule 26(B) application to reopen for ineffective assistance of appellate counsel, which this court granted.
- The sole issue on reopening was whether the trial court properly advised Dye about court costs under former R.C. 2947.23(A)(1)(a).
- The court held the error was the failure to provide proper notification, and modified the judgment to remove any possibility of community service in lieu of costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court failed to notify about costs under R.C. 2947.23(A)(1)(a) | Dye | Dye | Yes, error in lack of advisement |
| Whether the remedy should exclude future community service in lieu of costs | State approved removal of CS option | State accepted remedy | Remedy affirmed: judgment modified to eliminate CS in lieu of costs; affirmed as modified |
Key Cases Cited
- State v. Fomby, 2013-Ohio-2821 (11th Dist. Lake No. 2012-L-073) (plain error not shown where written notice provided; lack of oral notice not fatal per pre-amendment statute)
- State v. Veal, 2013-Ohio-1577 (2d Dist. Montgomery No. 25253) (remand to remove CS possibility when state consents)
- State v. Haney, 2013-Ohio-1924 (2d Dist. Montgomery No. 25344) (remand/remedy aligning with Veal approach)
- State v. Parson, 2013-Ohio-1069 (2d Dist. Montgomery No. 25123) (remedy discussion in similar context)
- State v. Henderson, 2012-Ohio-3283 (2d Dist. Montgomery No. 24701) (if CS is not a possibility, no prejudice from lack of advisement)
- State v. Jeffery, 2013-Ohio-504 (2d Dist. Montgomery No. 24916) (pre-amendment notification reversed where appropriate)
- State v. McKenna, 2009-Ohio-6154 (11th Dist. Trumbull No. 2009-T-0034) (remand for resentencing guidance cases; dissent cited regarding practice)