State v. Eubanks
2017 Ohio 2681
Ohio Ct. App.2017Background
- Angela Eubanks pled guilty to felony OVI and felony Theft in two Champaign County cases and was sentenced to prison terms to run concurrently with each other and consecutively to a Clark County sentence.
- The trial court ordered fines, restitution to an auto body shop, court costs, and court-appointed legal fees; its judgment included a “Financial Obligation Payment Schedule” requiring $50/month post-release and directing the clerk to apply payments toward restitution, court costs, fines, and court-appointed legal fees in that order.
- Eubanks appealed; appointed counsel initially filed an Anders brief and moved to withdraw, the court rejected that filing and appointed new counsel.
- New appellate counsel raised two assignments of error challenging the inclusion of court costs and court-appointed legal fees in the post-prison payment schedule.
- The State conceded error in light of this court’s prior decisions (noting some were decided after the trial-court entry) and asked that the judgment be modified to excise the improper language rather than reversed and remanded.
- The appellate court agreed, excising language that compelled monthly payments toward court costs and court-appointed legal fees and affirming the judgment as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court may require payment of court-appointed counsel fees as a criminally enforceable post-prison monthly payment | State conceded error and asked the judgment be modified to remove the offending language | Eubanks: court-appointed counsel fees cannot be directly required as criminal sanctions or taxed as costs; they must be collected civilly | Court sustained error; excised language requiring monthly payments toward court-appointed legal fees |
| Whether the trial court may include court costs in a post-prison payment schedule enforceable by the criminal court | State conceded error in light of precedent and requested modification | Eubanks: court costs are not criminal punishment and may be collected only through civil enforcement mechanisms | Court sustained error; excised language to the extent it compelled monthly payments toward court costs |
Key Cases Cited
- State v. Springs, 53 N.E.3d 804 (2d Dist. 2015) (court-appointed counsel fees cannot be directly required as criminally enforceable sanctions; excise such payment language from post-release schedules)
- State v. Threatt, 843 N.E.2d 164 (Ohio 2006) (court costs are akin to a civil money judgment, not criminal punishment)
- State v. Lamb, 837 N.E.2d 833 (2d Dist. 2005) (court, as creditor for costs, may collect only by civil-judgment collection methods)