2020 Ohio 4608
Ohio Ct. App.2020Background
- Mark Sanders was indicted for aggravated possession of drugs (5th-degree) and, after failing to appear at a suppression-motion hearing, for failure to appear (4th-degree).
- He pleaded guilty to both charges on July 3, 2019; the state had recommended OR release to evaluate community-control suitability.
- At sentencing (Aug. 15, 2019) the court imposed prison terms within statutory ranges: 11 months (possession) and 17 months (failure to appear), and ordered them to run consecutively (total 28 months), citing great/unusual harm, criminal history, and public protection.
- The sentencing entries also ordered payment of prosecution costs, supervision fees, and costs of court‑appointed counsel.
- Sanders appealed, arguing (1) the consecutive sentence was unsupported and contrary to law, and (2) appointed‑counsel costs were imposed without an ability‑to‑pay finding or oral notification at sentencing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Sanders) | Held |
|---|---|---|---|
| Validity of consecutive sentence | Trial court’s findings satisfied R.C. 2929.14(C)(4) and supported consecutive terms | Consecutive sentence not supported by the record; sentencing purposes and statutory factors not properly applied | Individual prison terms upheld as within statutory ranges, but consecutive sentence vacated and remanded because the court failed to make the required proportionality (not "disproportionate") finding under R.C. 2929.14(C)(4) |
| Imposition of court‑appointed counsel costs | Costs may be ordered in the judgment entry | Costs were imposed without oral notice at sentencing and without a finding (supported by evidence) that Sanders has ability to pay | Vacated the attorney‑fee/costs portion of the judgments for failure to orally impose costs at sentencing and for lack of an ability‑to‑pay finding; remand for resentencing on consecutive issue |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516, 59 N.E.3d 1231 (Ohio 2016) (standard of appellate review for felony sentences under R.C. 2953.08(G)(2))
- State v. Bonnell, 140 Ohio St.3d 209, 16 N.E.3d 659 (Ohio 2014) (requirements for consecutive‑sentence findings and that the court need not state reasons verbatim)