State v. Phillips, 2022 Ohio 1262

Phillips was indicted for fifth-degree felony aggravated possession of methamphetamine and sought Intervention in Lieu of Conviction (ILC); the court granted ILC after a guilty plea.
ILC was later revoked after Phillips admitted violating program conditions; the court then sentenced her to community control with the sole sanction of six months in jail and ordered previously imposed financial obligations to be paid.
The sentencing entry ordered Phillips to pay a $130 assigned-counsel (appointed-counsel) fee, a $250 supervision fee, and court costs; Phillips completed the jail term and the court terminated community control.
Phillips appealed, challenging (1) the inclusion of the $130 appointed-counsel fee in the criminal sentence and (2) the trial court’s imposition of the $250 supervision fee without an express finding on her ability to pay.
The State argued the appeal was moot because Phillips served the sentence; the court held the appeal was not moot because the financial obligations remained unpaid and thus collateral consequences persisted.
The appellate court vacated the portion of the sentence imposing the $130 appointed-counsel fee (directing the trial court to enter a separate civil assessment) and affirmed imposition of the $250 supervision fee after finding the record supported an inference the court considered Phillips’ ability to pay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mootness of appeal	State: Appeal is moot because Phillips served sentence and community control was terminated	Phillips: Financial obligations remain unpaid, so appeal is not moot	Not moot — fees remain owed and relief is still meaningful
Whether $130 appointed-counsel fee was properly imposed as part of the criminal sentence	State: Fee may be imposed via sentencing entry	Phillips: Fee cannot be part of criminal sentence; must be civil assessment	Vacated — appointed-counsel fee cannot be treated as part of the sentence; remand to enter separate civil assessment
Whether trial court considered Phillips’ present and future ability to pay $250 supervision fee	State: Trial court considered PSI and thus ability to pay; fee proper	Phillips: Court failed to expressly state consideration of ability to pay	Affirmed — court’s receipt/consideration of the PSI permits inference it considered ability to pay; fee upheld

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural standard for counsel to file no-merit brief when no arguable issues on appeal)
State v. Taylor, 171 N.E.3d 290 (Ohio 2020) (appointed-counsel fees may not be treated as part of a criminal sentence and should be imposed as a civil assessment/separate entry)
State v. Golston, 643 N.E.2d 109 (Ohio 1994) (a felony conviction appeal is not moot because collateral consequences survive satisfaction of sentence)
State v. Wilson, 325 N.E.2d 236 (Ohio 1975) (appeal is moot when sentence satisfied unless collateral disabilities remain)
State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (standard of review for felony-sentencing appeals under R.C. 2953.08)