State v. Gilbert
2016 Ohio 8308
Ohio Ct. App.2016Background
- Defendant Jamal Gilbert pleaded guilty to two counts of trafficking (R.C. 2925.03(A)(2)) and was sentenced to concurrent nine-month prison terms.
- At sentencing the court ordered Gilbert to pay court costs and expenses but offered him the option to perform community work service (CCWS) while incarcerated to satisfy those costs.
- The sentencing entry expressly stated: "The defendant is ordered to perform CCWS in lieu of: paying costs, paying fees."
- Gilbert, who was unemployed but had prior work history, asked the court to waive his court costs as indigent.
- The court declined to waive costs, deferred payment alternatives if he did not perform CCWS, and rendered judgment for costs under R.C. 2947.23.
- Gilbert appealed, arguing the court abused its discretion by imposing costs without properly considering his ability to pay under R.C. 2929.18(E).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing court costs on an indigent defendant | State: Court must include costs in sentence under R.C. 2947.23; offering CCWS is permissible | Gilbert: Court failed to consider ability to pay under R.C. 2929.18(E) and should have waived costs as indigent | Court: No abuse of discretion — R.C. 2947.23 mandates inclusion of costs; R.C. 2929.18(E) allows (but does not require) a hearing on ability to pay; waiver is discretionary |
Key Cases Cited
- State v. White, 103 Ohio St.3d 580 (2004) (trial court must include costs of prosecution in sentence and render judgment for costs even if defendant is indigent)