State v. Johnson, 2016 Ohio 8084

Romell Johnson was indicted for two counts of rape and was found indigent at arraignment.
He pled guilty to both first-degree felony rape counts on July 2, 2015; a PSI was prepared.
On July 16, 2015, the court sentenced Johnson to mandatory seven-year terms on each count, to be served consecutively (14 years total), plus mandatory post-release control.
The court did not orally assess court costs at sentencing but included reimbursement for prosecution, appointed counsel, and confinement costs in the July 21, 2015 journal entry and provided the R.C. 2947.23 acknowledgement form.
The PSI and record showed Johnson received $733/month in Social Security, had an 11th-grade education, and was 26 at the time of sentencing; the court relied on this record in ordering payment of certain costs.
Johnson appealed, arguing the trial court imposed costs without considering his present or future ability to pay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court improperly imposed prosecution, appointed counsel, and confinement costs without considering present/future ability to pay	State: Court properly imposed costs; record shows Johnson has or reasonably will have means to pay; statutes mandate or permit costs	Johnson: Court failed to consider his present and future ability to pay before imposing costs	Court affirmed: prosecution costs mandatory; record (PSI/social security income) supported finding Johnson has or will have ability to pay appointed counsel and confinement costs; court retained post-sentencing jurisdiction to modify costs

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (sets appellate standard for vacating or modifying felony sentences; requires clear-and-convincing showing the record doesn’t support statutory findings or sentence is contrary to law)