State v. Kloeker
2016 Ohio 7801
Ohio Ct. App.2016Background
- Defendant Keith Kloeker was indicted on multiple felony counts; under a plea deal he pled guilty to one third-degree felony for violating a protection order.
- The written plea agreement warned of possible fines and court costs but did not mention reimbursement of appointed-counsel fees; at the plea hearing the court orally mentioned attorney fees and Kloeker acknowledged understanding.
- Pre-sentence report indicated very limited income (about $300–$500/month), substantial child-support arrears, and minimal assets; Kloeker had health issues and was employed intermittently as a roofer.
- The trial court found Kloeker "not indigent," imposed a $500 fine, assessed court costs, and ordered reimbursement for court-appointed counsel fees; it also included a mandatory post-confinement repayment plan of $50/month for costs and counsel fees.
- Kloeker appealed the portion of the sentence creating a mandatory post-prison payment schedule for court costs and appointed-counsel fees; the State conceded counsel-fee reimbursement should be removed but defended the court-cost order.
- The appellate court vacated the portion of the sentencing entry that created a mandatory post-confinement payment plan for both court-appointed counsel fees and court costs, and affirmed the judgment in all other respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court may include a mandatory post-confinement repayment schedule for court-appointed counsel fees in the criminal sentencing entry | County/State argued the court could order reimbursement and set collection procedures in the sentencing entry | Kloeker argued execution/collection must be pursued through civil proceedings and the court may not embed a mandatory payment-enforcement schedule in the criminal judgment | Trial court erred: mandatory post-confinement payment plan for counsel fees (and for court costs) in the criminal sentencing entry vacated; civil enforcement required |
Key Cases Cited
- State v. Springs, 53 N.E.3d 804 (2d Dist. 2015) (trial-court reimbursement finding for appointed counsel must be enforced through civil execution rather than by embedding a mandatory post-confinement payment schedule in the criminal judgment)
- State v. Lamb, 837 N.E.2d 833 (Ohio Ct. App. 2005) (court costs constitute a civil judgment-like obligation collectible only by civil-judgment collection methods)