State v. Patterson
2020 Ohio 4832
Ohio Ct. App.2020Background
- Patterson was indicted on ten counts including trafficking and possession of cocaine, trafficking marijuana, aggravated menacing, OVI, and resisting arrest; several counts were later nolled.
- On April 29, 2019 Patterson pled guilty to amended Count 1 (drug trafficking, second-degree felony, 20–27 grams), Count 3 (trafficking, fifth-degree), Count 6 (aggravated menacing, misdemeanor), Count 8 (physical control/OVI, misdemeanor), and Count 10 (resisting arrest, misdemeanor); forfeiture of items was ordered.
- At sentencing the court imposed eight years on the second-degree trafficking count (maximum), concurrent 12 months on the fifth-degree trafficking count, time served on misdemeanors, a mandatory $7,500 drug fine, three years post-release control, and a five-year driver’s license suspension to begin upon release.
- Defense counsel informed the court no affidavit of indigency had been filed and said he would file one as directed, but counsel never filed the indigency affidavit/motion before sentencing.
- Patterson appealed; this court affirmed the prison term and license suspension but found trial counsel ineffective for failing to file an indigency affidavit, vacated the $7,500 fine portion of the sentence as void, and remanded for a limited resentencing/hearing on indigency and the fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive/unsupported prison term | Sentence is within the statutory range and court considered R.C. 2929.11/2929.12 factors | Eight-year maximum is excessive and unsupported by record | Affirmed — within statutory range; record supports sentence and court considered required factors |
| Trial court abused discretion by imposing $7,500 mandatory drug fine | Fine is mandatory under statute absent a timely indigency affidavit and determination | Patterson is indigent; court should have waived fine | Moot (resolved by ineffective-assistance holding); fine portion vacated and remanded for indigency determination |
| Ineffective assistance for failure to file indigency affidavit/motion | No reversible prejudice or court would still have imposed fine | Counsel’s failure was deficient and prejudiced Patterson because reasonable probability court would find him indigent | Held for Patterson — counsel ineffective; $7,500 fine vacated and case remanded for hearing limited to indigency/fine |
| License suspension delayed until after incarceration | A suspension that begins after release is permitted by law | Suspension should not be delayed until after release | Affirmed — suspension to commence upon release is not contrary to law |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two‑part ineffective assistance standard)
- Bradley, State v., 42 Ohio St.3d 136, 538 N.E.2d 373 (1989) (Ohio adoption of Strickland standard)
- Marcum, State v., 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 (2016) (appellate review standard under R.C. 2953.08)
- Mathis, State v., 109 Ohio St.3d 54, 2006-Ohio-855, 846 N.E.2d 1 (2006) (trial courts have full discretion to impose any sentence within statutory range)
- Moore, State v., 135 Ohio St.3d 151, 2012-Ohio-5479, 985 N.E.2d 432 (2012) (addressing fines and related resentencing principles)