State v. Smith
2012 Ohio 781
Ohio2012Background
- Smith pleaded guilty to forgery (R.C. 2913.31(A)(3)), court sentenced him to five years of community control and ordered payment of costs, counsel fees, and restitution.
- The trial court did not inform Smith that, under R.C. 2947.23(A)(1), nonpayment of costs could lead to community service up to forty hours per month.
- Smith appealed, challenging the court’s failure to provide the mandated community-service notice at sentencing.
- The Court of Appeals held the issue not ripe since Smith had not yet failed to pay costs or been ordered to perform community service for nonpayment.
- The court remanded on related cost-issues but declined to address the notice issue on the merits pending ripeness.
- The Supreme Court reversed in part, holding that the notice is ripe for review at sentencing even without payment failure or a court-imposed service order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the failure to give the RC 2947.23(A)(1) notice is ripe for review | Smith | State | Ripeness affirmed; notice required at sentencing even absent nonpayment or service order |
| Whether RC 2947.23(A)(1) notice is mandatory at sentencing | State | Smith | Mandatory notice; court must warn about possible community service for nonpayment |
| Whether failure to notify affects reviewability of other costs issues | State | Smith | Remanded to address the second assignment consistent with the opinion |
| When does the time to appeal on the notice issue begin | State | Smith | Time begins from the sentencing entry |
Key Cases Cited
- State v. Moss, 186 Ohio App.3d 787 (2010-Ohio-1135) (ripeness of notice issue under RC 2947.23(A)(1) supports review before payment or service order)
- State v. Dansby, 2009-Ohio-2975 (5th Dist. 2009) (court notice requirement considered ripe for review)
- State v. Cardamone, 8th Dist. No. 94405, 2011-Ohio-818 (2011-Ohio-818) (notice under RC 2947.23(A)(1) deemed mandatory)
- State v. Threatt, 2006-Ohio-905 (Ohio) (sentencing entry as final, appealable order as to costs)
- State v. Lowe, 112 Ohio St.3d 507 (2007-Ohio-606) (mandatory meaning of 'shall' in criminal statutes)