2018 Ohio 847
Ohio Ct. App.2018Background
- Leontae Jones pled guilty to second-degree felony robbery with a one-year firearm specification; sentenced to one year on the specification consecutive to three years for robbery (total four years).
- At sentencing the trial court imposed court costs (no fine) and stated Jones could perform community work service (CCWS) in lieu of paying costs; the judgment entry mirrored this.
- Jones did not move to waive costs or object at sentencing; thus issues about costs were waived absent plain error.
- On appeal Jones argued (1) statutory error under R.C. 2947.23 — that costs should not be imposed when a residential sanction (prison) is imposed and community-work-service cannot apply in prison; and (2) Eighth/Fourteenth Amendment and R.C. 2929.19 claims that the court failed to consider his ability to pay.
- The court affirmed: R.C. 2947.23 requires courts to include costs in all criminal sentences; the community-control notification language does not limit costs when prison is imposed; inmates can satisfy costs via prison work programs or account garnishment; the court need not consider ability to pay before imposing court costs because costs are not "financial sanctions."
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jones) | Held |
|---|---|---|---|
| Whether R.C. 2947.23 forbids imposing court costs when a prison (residential) sanction is imposed | R.C. 2947.23 mandates costs in all criminal cases; the community-control notice language only dictates additional notifications when nonresidential sanctions are imposed | Because Jones received a residential (prison) sanction, the statute’s community-control language means costs should not have been imposed | Court rejected Jones’s statutory reading; costs are mandatory in all criminal cases and the community-control language only prescribes required notifications when nonresidential sanctions are used |
| Whether the trial court could require community work service (CCWS) or other collection methods for an incarcerated defendant to satisfy costs | The State: inmates can work in DRC programs, earn institutional funds, and have certified judgments collected by statutory deductions or garnishment; CCWS references include alternative means to satisfy costs | Jones: community work service cannot apply because prison is not "community" and the court failed to consider that he is indigent or unable to pay | Court held prison inmates can satisfy costs through institutional work programs and statutory collection methods; imposing CCWS or directing collection from inmate accounts is permissible |
| Whether the court violated the Eighth/Fourteenth Amendments or R.C. 2929.19 by failing to consider ability to pay before imposing costs | The State: R.C. 2929.19 governs financial sanctions/fines, not court costs; case law treats costs as a judgment separate from fines and does not require ability-to-pay findings before imposing costs | Jones: court should have considered present and future ability to pay and made findings prior to imposing costs | Court held R.C. 2929.19 and related ability-to-pay procedures do not apply to court costs; trial court was not required to consider ability to pay before imposing costs |
| Preservation / Plain error point: whether appellant preserved objections to costs | The State: Jones failed to move to waive costs or object at sentencing, so the issue is waived except for plain error review | Jones: raises the errors on appeal despite no contemporaneous objection | Court applied Threatt waiver rule; reviewed for plain error and found none because the statutory scheme and collection mechanisms support imposition of costs |
Key Cases Cited
- State v. Threatt, 108 Ohio St.3d 277 (Ohio 2006) (defendant must move at sentencing to waive costs or the issue is waived for appeal)
- State v. White, 103 Ohio St.3d 580 (Ohio 2004) (R.C. 2947.23 requires courts to include costs of prosecution in all criminal sentences)
- State v. Clevenger, 114 Ohio St.3d 258 (Ohio 2007) (defendant’s financial status is irrelevant to imposition of court costs)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain-error standard articulated for criminal cases)