State v. Graves
2013 Ohio 2911
Ohio Ct. App.2013Background
- Timothy Graves pleaded guilty to one count of receiving stolen property (felony 5) and agreed to restitution of $110.37.
- At sentencing the trial court imposed 18 months community control, 40 hours community service, various supervision conditions, court costs, and a $2,000 fine.
- Defense counsel immediately objected at sentencing, arguing Graves was indigent and challenging imposition of the fine.
- The trial court overruled the objection and imposed the fine; it stated in the journal entry that it had “considered all required factors.”
- The State conceded error as to the court costs notice requirement; the appellate court reviewed whether the trial court considered Graves’s ability to pay the fine as required by statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court failed to give statutorily required notice about converting unpaid costs to community service | State concedes trial court erred by not giving the R.C. 2947.23(A)(1)(a) warning | Graves argued court erred by not warning that unpaid costs could be converted to community service | Reversed as to costs; remanded for proper statutory notification at sentencing |
| Whether the court lawfully imposed a $2,000 fine without considering ability to pay (R.C. 2929.18 and 2929.19(B)(5)) | State argued the journal entry statement that required factors were considered sufficed; law permits fines even for indigent defendants if ability-to-pay considered | Graves argued he is indigent, counsel objected at sentencing, and the record contains no evidence the court considered present/future ability to pay | Court found no evidence the trial court considered ability to pay; $2,000 fine reversed and remanded for determination of ability to pay |
| Whether R.C. 2947.14 required a separate hearing before imposing/collecting the fine | State relied on statutory framework generally; did not assert a 2947.14 hearing was required here | Graves relied on R.C. 2947.14 to argue for a hearing on nonpayment consequences | Court held R.C. 2947.14 (hearing before jailing for nonpayment) was inapplicable because Graves was not jailed for nonpayment; issue not controlling |
| Whether trial court’s overall sentence must be vacated for other defects | State asserted low threshold for compliance; journal entry adequate per some precedent | Graves argued immediate objection and indigency made journal-entry boilerplate insufficient | Court reversed only the fine and costs-notice portions and remanded for a limited sentencing hearing; remainder of sentence left intact |
Key Cases Cited
- State v. Smith, 131 Ohio St.3d 297 (2012) (R.C. 2947.23 notice requirement is mandatory and must be given at sentencing)
- Cleveland v. Leneghan, 181 Ohio App.3d 378 (2009) (R.C. 2947.14 governs hearings before jailing for nonpayment of fines)
- State v. Jacobs, 189 Ohio App.3d 283 (2010) (trial court must have some evidence in record that it considered defendant’s ability to pay before imposing fine)