State v. Perry
2012 Ohio 3573
Ohio Ct. App.2012Background
- Defendant Larry Perry was indicted for felonious assault, kidnapping, and disrupting public service; pleaded trial and was convicted of assault as a lesser includ ed offense and acquitted on remaining charges.
- At sentencing, the court imposed six months in county jail with 104 days credit, suspended execution, and placed him on 12 months of probation with various conditions including community service and drug/anger programs.
- The court also entered judgment for the costs of prosecution totaling $1,601.20 and indicated cost collection mechanisms, including potential further community service.
- Defendant claimed indigence and income limitations from Social Security to argue for waiving costs.
- Perry did not move to waive costs at sentencing, and the issue on waiver was preserved on appeal.
- The appellate court held that costs may be imposed on an indigent, information about indigence does not preclude imposition, and the failure to waive was not an abuse of discretion, affirming judgment for costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court costs may be imposed on an indigent defendant | Perry argues indigence should excuse costs | Indigence should bar costs | Costs may be imposed on indigent defendants |
| Whether the trial court abused discretion by not waiving costs given indigence | Indigence requires waiver or relief | Costs may be assessed despite indigence; no automatic waiver | No abuse; indigence does not require waiver; costs affirmed |
Key Cases Cited
- State v. White, 103 Ohio St.3d 580 (2004-Ohio-5989) (indigent status does not bar imposition of court costs)
- State v. Clevenger, 114 Ohio St.3d 258 (2007-Ohio-4006) (financial status irrelevant to imposition of costs; costs may be imposed)