State v. Jarvis
2011 Ohio 6252
Ohio Ct. App.2011Background
- Jarvis was convicted in Jackson County Court of Common Pleas of burglary and escape.
- In June 2010, Jarvis was sentenced to nine years and ordered to pay court costs.
- The sentencing court failed to inform Jarvis that failing to pay costs could lead to community service.
- R.C. 2947.23(A)(1)(a) requires notice that nonpayment of costs may result in community service.
- The State conceded the notice requirement was not satisfied at sentencing.
- The court of appeals ultimately reversed and remanded for resentencing with proper notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to warn about community service vitiates sentencing. | Jarvis: State concedes error; notice required by statute. | Jarvis: No prejiduce issue if notice omitted; rely on ripeness jurisprudence. | Disputed issue resolved: reversal and remand for proper notice and resentencing. |
Key Cases Cited
- State v. Moss, 186 Ohio App.3d 787 (2010-Ohio-1135) (ripe for review; vacated costs portion and remanded)
- State ex rel. DeWine v. Burge, 128 Ohio St.3d 236 (2011-Ohio-235) (statutory notice requirements cannot be ignored)