State v. Gates
2013 Ohio 4284
Ohio Ct. App.2013Background
- Appeal arises from remand after State v. Gates, 131 Ohio St.3d 372, 2012-Ohio-1221, requiring application of State v. Smith to facts here.
- Issue concerns trial court’s failure to orally inform Gates that community service could be imposed if he failed to pay court costs under former R.C. 2947.23(A)(1)(a).
- Judgment entry suggested potential for community service in lieu of unpaid court costs, but no cure provision existed for failure to inform.
- Former R.C. 2947.23(A)(1)(a) required notification in each case; no subsection (b) to cure the failure.
- Ohio Supreme Court in Smith held failure to inform is ripe for review even if no failure to pay or order exists, triggering the remedy discussion.
- Court consents to modifying the judgment to remove the possibility of community service in lieu of payment of court costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remedy for failure to inform about CS | Gates argues proper remedy per Smith includes addressing notification defect. | Gates contends remedy should negate or limit CS possibility where not properly advised. | Modify judgment to remove CS in lieu of costs; affirm as modified. |
Key Cases Cited
- State v. Smith, 131 Ohio St.3d 297 (Ohio 2012) (notification of possible community service ripe for review)
- State v. Fomby, 2013-Ohio-2821 (11th Dist. Lake No. 2012-L-073) (remedial modification of judgment to remove CS possibility)
- State v. Veal, 2013-Ohio-1577 (2d Dist. Montgomery No. 25253) (remedies for failure to inform on CS)
- State v. Haney, 2013-Ohio-1924 (2d Dist. Montgomery No. 25344) (remedial approach for improper CS advisement)