State v. Strickland
2014 Ohio 5622
Ohio Ct. App.2014Background
- In 2004 Jamal D. Strickland was convicted by a jury of aggravated robbery, kidnapping, felonious assault (merged for sentencing), and tampering with evidence; aggravated burglary acquitted by directed verdict. The trial court imposed costs in an unspecified amount.
- This court affirmed convictions in Strickland I but remanded for resentencing under State v. Foster; Strickland II resulted in an identical 19-year aggregate sentence and again imposed court costs.
- Strickland repeatedly litigated postconviction matters (payment plan request, sentencing-relief motion); none raised the court-costs notice issue on direct appeal.
- In May 2014 Strickland moved to vacate payment of fines/costs, arguing indigency and that the court failed to give the R.C. 2947.23(A)(1) notice that failure to pay could result in community service. The trial court denied the motion the same day without a hearing.
- Strickland appealed; the court of appeals dismissed the appeal for lack of jurisdiction, holding the denial of a postconviction motion to vacate court costs is not a final, appealable order and, alternatively, that res judicata would bar the claim.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Strickland) | Held |
|---|---|---|---|
| Whether the trial court’s denial of Strickland’s motion to vacate court costs is a final, appealable order | Denial is not a final, appealable order; appellate court lacks jurisdiction | The denial should be reviewable as it implicates R.C. 2947.23(A)(1) notice and his inability to pay | Court: Not final/appealable; appeal dismissed for lack of jurisdiction |
| Whether the trial court’s failure to give R.C. 2947.23(A)(1) notice requires vacatur or reversal | Any challenge to costs/notice must be raised on direct appeal and is barred now | Failure to provide statutorily required notice (community service alternative) invalidates costs enforcement and warrants relief | Court: Even if appealable, claim barred by res judicata because it could have been raised on direct appeal |
Key Cases Cited
- Gen. Acc. Ins. Co. v. Ins. Co. of N. Am., 44 Ohio St.3d 17 (Ohio 1989) (an order must be final before appellate review)
- State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (sentencing law guidance requiring resentencing in many cases)
- State v. Smith, 131 Ohio St.3d 297 (Ohio 2012) (res judicata bars claims that were or could have been raised on direct appeal)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (doctrine of res judicata in criminal cases)
- State v. Pasqualone, 140 Ohio App.3d 650 (11th Dist. 2000) (denial of motion to vacate court costs is not a final, appealable order)