State v. Purifoy, 2019 Ohio 2942

Defendant Stephen S. Purifoy (age 29) pled guilty to attempted rape (2nd-degree felony) and attempted felonious assault (3rd-degree felony) for attacking a sleeping caregiver at his group home; victim sustained physical injuries.
As part of the plea agreement the State acknowledged Purifoy was eligible for community control, but the court retained discretion to impose prison.
Competency evaluations were conducted (mixed results); court ultimately found Purifoy competent to plead.
Presentence reports documented juvenile sex-related adjudications, behavioral problems, diagnoses (mild intellectual disability, ADHD, bipolar), monitored placement needs, and a moderate risk to reoffend; community programs and the county board of developmental disabilities declined less-restrictive placements and recommended incarceration.
At sentencing the court imposed concurrent prison terms (4 years for attempted rape; 36 months for attempted felonious assault), designated Purifoy a Tier III sex offender, and ordered $441.08 in court costs; defense counsel did not file an affidavit of indigency or request a costs waiver at sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by imposing prison rather than community control	State: prison appropriate given seriousness, victim harm, risk to community, and lack of available suitable community placements	Purifoy: court failed to follow R.C. 2929.11/2929.12 principles and should have given community control due to his developmental disabilities and treatment needs	Court: Affirmed — record supports discretionary prison sentence; sentencing statutes were considered and placement refusals/MCBDD recommendation justified incarceration
Whether counsel was ineffective for failing to file an affidavit of indigency/request waiver of court costs at sentencing	State: costs may be imposed and waiver can be sought later under R.C. 2947.23(C); timing discretionary	Purifoy: counsel’s omission prejudiced him because he is indigent and could have obtained a waiver	Court: Affirmed — no Strickland prejudice shown because statute permits waiver/suspension at or after sentencing, making prejudice from timing unlikely

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (standard of appellate review for felony sentences under R.C. 2953.08(G)(2))
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance two-prong test: deficient performance and prejudice)
State v. Bradley, 538 N.E.2d 373 (Ohio 1989) (adopts Strickland framework for Ohio courts)
State v. White, 817 N.E.2d 393 (Ohio 2004) (court costs are generally imposed on convicted defendants)
State v. King, 992 N.E.2d 491 (Ohio App.) (trial court not required to state reasons when imposing any lawful sentence within statutory range)
Cross v. Ledford, 120 N.E.2d 118 (Ohio 1954) (definition of clear and convincing evidence)