State v. Roberts
2013 Ohio 2202
Ohio Ct. App.2013Background
- Roberts was indicted in CR-557118 for drug possession and later in CR-562999 on nine trafficking and nine possession counts.
- He pled guilty in CR-562999 to five trafficking counts; the state dismissed the remaining counts as part of a plea agreement.
- The trial court sentenced Roberts to 12 months on each of the five trafficking counts, with the first three consecutive and the last two concurrent to each other but consecutive to the first three, totaling 48 months.
- The sentencing entry incorrectly stated a 36-month term and noted costs of prosecution.
- On appeal, Roberts challenges the court costs omission in open court and whether the court could consider dismissed counts in sentencing.
- This court remands for a nunc pro tunc correction of the sentencing entry and for Roberts to seek a waiver of court costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court costs method and open court notice | Roberts argues costs were improper due to no open-court notice | Roberts admits waiver remedy applies; no costs properly imposed | Costs reversed; remand for waiver proceedings |
| Consideration of dismissed charges at sentencing | State contends the court may consider dismissed counts as part of overall history | Roberts argues the court erred by considering charges dismissed under plea | No reversible error; court properly considered relevant history |
Key Cases Cited
- State v. Joseph, 125 Ohio St.3d 76 (Ohio Supreme Court 2010) (costs not imposed in open court require limited remand for waiver)
- State v. Mays, 2012-Ohio-838 (Ohio App. 2d Dist. 2012) (limited remand for court costs waiver when not discussed at sentencing)
- State v. Burton, 52 Ohio St.2d 21 (Ohio Supreme Court 1977) (court may consider defendant's character and history, including arrests, at sentencing)
- State v. Edwards, 2006-Ohio-2315 (8th Dist. No. 85908 2006) (sentencing may consider dismissed charges under plea)
- State v. Padilla, 2012-Ohio-5892 (8th Dist. No. 98187 2012) (courts may consider related charges dismissed under plea)
- State v. Bowser, 2010-Ohio-951 (2d Dist. Ohio 2010) (dismissed charges may be considered with limits at sentencing)