State v. McCants
2020 Ohio 3441
Ohio Ct. App.2020Background
- Defendant Albert McCants pled guilty to voluntary manslaughter, theft, tampering with evidence, and obstruction of official business under a plea agreement providing an agreed 16-year prison term.
- At sentencing the trial court accepted the agreed term but imposed maximum statutory fines for each count totaling $35,000, assessed court costs, and ordered McCants to pay court-appointed attorney fees.
- McCants submitted an affidavit of indigency, testified he had no assets, and the PSI corroborated his lack of funds; the state produced no contrary evidence and later conceded McCants was indigent at sentencing.
- The trial court nonetheless found McCants not indigent, explained it would have given a longer prison term but for the plea, and remarked on McCants’s perceived lack of remorse.
- On appeal the court reviewed whether the fines, court costs, and appointed-attorney-fee order complied with statutory requirements to consider present and future ability to pay.
- The appellate court affirmed the $35,000 fines and court-costs assessment but reversed the order requiring payment of appointed-attorney fees and remanded for a hearing on McCants’s ability to pay those fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McCants was indigent at sentencing | Trial court found he was not indigent (state did not rebut at sentencing) | McCants presented affidavit, testimony, and PSI showing present indigency | Trial court’s finding unsupported; appellate court sustained this assignment of error |
| Whether imposing maximum consecutive fines ($35,000) was lawful | Court considered present/future ability to pay and fines are permissible even when defendant is indigent if record supports consideration | McCants argued the court failed to properly consider future ability to pay given his indigency and lengthy sentence | Affirmed: record showed consideration of future ability and fines were not contrary to law |
| Whether court costs and appointed-attorney fees could be imposed | Court exercised discretion to impose court costs; trial entry ordered payment of public-defender/attorney fees | McCants argued indigency and no on-the-record finding of ability to pay attorney fees | Court costs affirmed (trial court discretion). Appointment-fee order reversed; remanded for a hearing and, if ability found, a separate civil judgment for fees |
Key Cases Cited
- State v. Threatt, 108 Ohio St.3d 277, 843 N.E.2d 164 (Ohio 2006) (court costs are akin to civil judgments; trial court may waive costs for indigent defendants but generally exercises discretion)
- State v. Dean, 110 N.E.3d 739 (2d Dist. 2018) (discusses future ability to pay fines for defendants released at advanced age and relevant factors for employment potential)
- State v. Teal, 95 N.E.3d 1095 (6th Dist. 2017) (requires an on-the-record finding regarding defendant’s ability to pay appointed-attorney fees)
- State v. Watkins, 96 Ohio App.3d 195, 644 N.E.2d 1049 (1st Dist. 1994) (addresses trial-court determination of ability to pay appointed counsel fees)