State v. Rowe
965 N.E.2d 1047
Ohio Ct. App.2011Background
- Appellant Bennie Rowe was indigent; counsel was appointed before trial.
- Rowe was convicted by jury of aggravated vehicular homicide, a second-degree felony.
- Sentencing imposed five-year prison term, lifetime driver's license suspension, three-year postrelease control, and court costs; no fine due to court's assessment of ability to pay.
- Rowe appeals alleging ineffective assistance of counsel for failing to move to waive court costs at sentencing.
- Ohio law permits waiving court costs for indigents if a motion to waive is made at sentencing; otherwise costs may be res judicata.
- Appellate court remands for resentencing as to court costs, allowing counsel to pursue a proper waiver motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not seeking cost waiver | Rowe argues counsel was deficient for failing to move to waive court costs. | State contends no deficiency or prejudice shown to alter outcome. | Remand for resentencing as to costs; counsel's performance deficient and prejudicial. |
Key Cases Cited
- State v. Blade, 2007-Ohio-5323 (Ohio App. Dist. Cuyahoga 2007) (trial court should consider waiving costs where indigent defendant)
- In re Carter, 2004-Ohio-7285 (Ohio App. 2004) (failure to move to waive costs deemed ineffective assistance)
- State v. Threatt, 2006-Ohio-905 (Ohio Supreme Court 2006) (waiver of court costs requires motion at sentencing)
- State v. White, 2004-Ohio-5989 (Ohio Supreme Court 2004) (indigency and ability to pay relevant to cost waiver)
- State v. Smith, 2011-Ohio-1188 (Twelfth Dist. 2011) (cost waiver unlikely if court would not have waived costs)