State v. Glus, 2014 Ohio 245

Glus pleaded guilty to two counts of rape and one count of pandering obscenity involving a minor pursuant to a negotiated sentence; trial court sentenced to two consecutive 10-year terms on rape and 5 years on pandering, to be served concurrently; defendant labeled a Tier III sex offender; appeal filed as delayed; Anders brief filed asserting potential issue on voluntariness of plea; court later considered a separate issue on court costs and potential community service for nonpayment; appellate court remanded on costs notification for limited hearing; concurrence addresses procedure in Anders briefing and remand strategy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the plea knowingly, intelligently, and voluntarily entered?	Glus argued plea not knowingly made.	Glus asserted plea inadequately explained by court.	Plea was knowingly, intelligently, and voluntarily entered.
Whether the trial court failed to notify about community service for unpaid costs under RC 2947.23(A)(1)	State contends no error or remand needed.	Glus not adequately informed of potential community service in lieu of costs.	Plain error established; remand for limited hearing to provide required oral notification.

State v. Engle, 74 Ohio St.3d 525 (Ohio 1996) (requirement that plea be voluntary, intelligent, and informed under Crim.R. 11)
State v. Smith, 131 Ohio St.3d 297 (Ohio 2012) (mandatory notification about costs and community service on sentencing)
State v. Moore, 2012-Ohio-3885 (Ohio App.3d (11th Dist.)) (lack of oral notification can be reversible error; remand possible)
State v. Taylor, 2012-Ohio-3890 (Ohio App.3d (11th Dist.)) (notice requirements for court costs)
State v. Dye, 2013-Ohio-4285 (Ohio App.3d (11th Dist.)) (remedial modification of judgment where notice was deficient)
State v. Fomby, 2013-Ohio-2821 (Ohio App.3d (11th Dist.)) (oral notification not always required if judgment provides notice)