2024 Ohio 2198
Ohio Ct. App.2024Background
- Arron Patterson was stopped by police in Toledo, Ohio, after driving without a visible license plate and subsequently led officers on a high-speed chase into Michigan before being apprehended.
- Patterson was charged with Failure to Comply with the Order of a Police Officer, a third-degree felony under Ohio law.
- He pled no contest to the charge; the state recommended community control and a minimum license suspension, but the trial court was not bound by the recommendation.
- At sentencing, the trial court imposed 18 months in prison and ordered Patterson to pay the costs of prosecution; the written judgment also imposed additional costs (supervision, confinement, appointed counsel), not announced at the hearing.
- Patterson appealed, arguing the trial court erred by imposing these additional, discretionary costs in the judgment entry without addressing them at the sentencing hearing or making findings regarding his ability to pay.
Issues
| Issue | Patterson's Argument | State's Argument | Held |
|---|---|---|---|
| Imposition of prosecution costs | Conceded as proper (mandatory cost) | Properly imposed; court retained jurisdiction | Properly imposed |
| Imposition of supervision and confinement costs | Error to impose without announcing at hearing | Judgment can be corrected nunc pro tunc | Improper; must be imposed on record at hearing; vacated |
| Imposition of appointed counsel fees as civil judgment | Error without findings on ability to pay | Judgment entry proper without detailed finding | Improper; no clear evidence of ability to pay; vacated |
| Use of nunc pro tunc entry to add costs | Not permissible for substantive modifications | Permissible to address omitted findings | Not allowed for new substantive findings |
Key Cases Cited
- State v. Bonnell, 140 Ohio St.3d 209 (Ohio 2014) (nunc pro tunc cannot cure failure to make required sentencing findings)
- State v. Fogle, 74 Ohio St.3d 158 (Ohio 1995) (nunc pro tunc entries are for reflecting what was actually decided)
- State v. Taylor, 2020-Ohio-6786 (Ohio Ct. App.) (appointed counsel fees are not part of the criminal sentence; must consider ability to pay)