State v. Moore
135 Ohio St. 3d 151
| Ohio | 2012Background
- In July 2009 Moore III was convicted by a jury of drug offenses and weapons/tools charges, with a 13-year prison term and a sentencing entry stating the fines were waived based on an affidavit of indigency that was not filed prior to sentencing.
- In August 2009 Moore pled guilty to drug trafficking with a firearm specification, receiving a nine-year term; the sentencing entry again indicated that the fines were waived based on an affidavit of indigency not filed prior to sentencing.
- Moore filed timely notices of appeal, but the appellate courts dismissed due to waiver of appellate rights, prompting later challenges to the sentences as void for failing to impose the mandatory fines.
- Moore moved post-judgment, arguing that R.C. 2925.11(E)(1)(a) and 2929.18(B)(1) require the mandatory fine to be imposed unless an indigency affidavit is filed, and that the failure to impose the fine rendered the sentence void.
- The Eighth District held that the failure to impose the mandatory fine without an indigency affidavit voided only the fine-waiver portion and remanded for resentencing under the mandatory fine statute, while the State sought review in this Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to impose the mandated fine voids the sentence | Moore argued the failure voids the sentence | State contends only the waived-fine portion is void | Yes; the failure voids the fine-waiver portion |
| What relief is proper when the fine is not imposed | Moore seeks de novo resentencing | State argues limited resentencing to imposing the mandatory fine | Resentencing limited to imposing the mandatory fine |
| Whether the rationale aligns with Harris/Fischer line of cases | Moore relies on postrelease-control-like reasoning for voidness | State emphasizes statutory nature of the fine and compelled imposition | States that failure to impose the mandatory fine renders the sentence void, aligning with Harris/Fischer jurisprudence |
Key Cases Cited
- State v. Harris, 132 Ohio St.3d 318 (Ohio 2012) (mandatory term (license suspension) failure renders part of sentence void; limited resentencing to the term)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (illegal sentence doctrine; voids when statutorily mandated term not imposed)
- State v. Joseph, 125 Ohio St.3d 76 (Ohio 2010) (failure to inform about costs is discretionary; not a voiding of sentence)
- State v. Beasley, 14 Ohio St.3d 74 (Ohio 1984) (court costs and civil vs. criminal distinction; not controlling for fines)
- Colegrove v. Burns, 175 Ohio St. 437 (Ohio 1964) (principle that a statutorily mandated term must be included in sentence)