State v. Gibson, 2015 Ohio 3613

Appellant Gibson pleaded guilty by Alford pleas to two counts of felonious assault with gun specifications after suppression motion and proceeded to sentencing.
Counts stemmed from a October 26, 2012 shooting in Toledo, Ohio; one-year gun specification on Count 1 and a three-year gun specification on Count 2 were part of the plea; the latter gun specification was dismissed.
On June 27, 2014, Gibson was sentenced to concurrent or consecutive terms totaling 17 years and ordered to pay various costs (supervision, confinement, appointed counsel, prosecution, and other statutory costs).
Gibson challenged the costs as imposed without proper notification and consideration of his ability to pay (assignment of error I) and alleged ineffective assistance of counsel for failing to object (assignment of error II).
The trial court’s sentencing entry stated Gibson had the means to pay costs, and the June 23, 2014 hearing included a finding that he had the ability to pay the costs assessed under multiple statutes.
The appellate court remanded for the trial court to determine Gibson’s ability to pay the costs of confinement and appointed counsel, while affirming in part and reversing in part.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether imposing costs without ability-to-pay determination was plain error	Gibson argues costs were imposed without evaluating his financial ability.	State asserts mandatory costs apply regardless of ability to pay and may be waived only upon proper motion.	First assignment sustained; remand for ability-to-pay determination.
Was there ineffective assistance for failing to object to costs	Failure to object prejudiced Gibson by allowing unlawful costs.	Counsel’s failure to object cannot establish ineffective assistance given the record of mandatory costs.	Second assignment not well-taken; waiver and discretionary imposition within trial court’s discretion.

State v. Flowers, 2015-Ohio-908 (6th Dist. Lucas No. L-14-1141, 2015-Ohio-908) (records may support ability to pay where defendant's age/work history suggest capacity)
State v. Winfield, 2014-Ohio-3968 (6th Dist. Lucas No. L-13-1251, 2014-Ohio-3968) (economic means can support ability to pay costs)
State v. Donaldson, 2012-Ohio-6064 (6th Dist. Lucas No. L-11-1264, 2012-Ohio-6064) (defendant's job history supports ability to pay despite other factors)
State v. Hart, 2004-Ohio-5511 (6th Dist. Lucas No. L-03-1073, 2004-Ohio-5511) (court must consider income evidence when assessing ability to pay)
State v. Threatt, 2006-Ohio-905 (2006-Ohio-905, 843 N.E.2d 164) (waiver of costs requires motion at sentencing)
State v. Maloy, 2011-Ohio-6919 (6th Dist. Lucas No. L-10-1350, 2011-Ohio-6919) (record must show consideration of defendant's financial ability)
State v. White, 2004-Ohio-5989 (103 Ohio St.3d 580, 2004-Ohio-5989) (mandatory costs apply to indigent defendants; court may waive)