State v. Jones, 2017 Ohio 413

Background

Antoine Jones was indicted for two counts of aggravated arson after starting a fire in his apartment that caused ~$1,000 in smoke damage; he pled guilty to first-degree misdemeanor criminal damaging pursuant to a plea deal.
At plea the court advised Jones of constitutional rights and later informed him of the arson-offender registration requirement; Jones acknowledged understanding.
The trial court sentenced Jones to 180 days in jail (125 days credit), ordered $221.26 reimbursement to the Toledo Fire Department, and assessed various court costs and fees. The sentence was stayed pending appeal.
Jones appealed, raising five assignments of error challenging (1) imposition of the maximum misdemeanor jail term, (2) validity of his plea and timing of arson-registry notice, (3) lifetime arson-registration vis-à-vis Zucal’s five-year completion rule, (4) authority/process for reimbursing the fire department, and (5) imposition of costs and fees (including appointed-counsel costs and inapplicable statutory fees).
The appellate court affirmed the conviction and jail sentence, upheld restitution to the fire department, rejected challenges to the arson registry, but found errors in the trial court’s imposition and entry of costs and remanded for limited resentencing on costs.

Issues

Issue	Jones' Argument	State's Argument	Held
Whether the trial court erred by imposing the maximum 180‑day misdemeanor jail term under R.C. 2929.22(C)	Jones: court failed to consider R.C. 2929.22 factors and he did not commit the worst form of the offense	State: sentence within statutory limits; trial court considered record (prior probation failures, serious criminal history)	Affirmed — no abuse of discretion; sentence within statutory limits and court referenced prior record
Whether plea was unknowing because arson‑registry notice came after plea acceptance	Jones: registry is punitive and should be disclosed before plea; plea therefore not knowing/voluntary	State: registry is remedial, not punitive; statutory notice depends on whether jail imposed and can be given later	Affirmed — court was not required to provide registry notice before plea when sentence included incarceration; registry deemed remedial
Whether lifetime arson‑registration conflicts with Zucal’s rule that misdemeanor sentences must be completed within 5 years	Jones: lifetime registration cannot be completed within five years, so sentence must be vacated under Zucal	State: registration is a remedial regulatory measure, not punishment, and does not trigger Zucal protection	Affirmed — registration is remedial, not punitive; Zucal inapplicable
Whether costs and appointed‑counsel fees were properly imposed and whether inapplicable statutory costs were included	Jones: additional costs were imposed outside his presence, he lacked evidence of ability to pay, and some statutory costs (community‑control or felony statutes) do not apply	State: court imposed costs and noted a finding of ability to pay	Partial reversal/remand — court erred by adding costs in the judgment entry without Jones present (Crim.R.43); record insufficient to support imposition of appointed‑counsel costs; remanded to impose only applicable costs with Jones present and allow motion for waiver

Key Cases Cited

State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856, 845 N.E.2d 470 (addresses judicial fact‑finding in sentencing)
State v. Zucal, 82 Ohio St.3d 215, 694 N.E.2d 1341 (manner/delay of misdemeanor sentence completion)
State v. Joseph, 125 Ohio St.3d 76, 2010-Ohio-954, 926 N.E.2d 278 (trial court must impose costs in defendant's presence; remedy when costs first appear in entry)
State v. White, 103 Ohio St.3d 580, 2004-Ohio-5989, 817 N.E.2d 393 (court may waive costs for indigent defendant)