State v. Temple
2019 Ohio 3503
Ohio Ct. App.2019Background
- Appellant Leonard Temple was indicted for murder with a firearm specification arising from the January 12, 2017 shooting death of 14-year-old D.A. in Lucas County, Ohio.
- On January 23, 2018, Temple entered a no-contest plea to one count of involuntary manslaughter (first-degree felony) with a mandatory one-year firearm specification; court accepted plea after state proffered that Temple possessed the gun and it discharged.
- At sentencing, the court considered PSI, victim impact, and statutory sentencing principles; defense emphasized lack of prior record, employment, remorse, and relationship to victim.
- Court sentenced Temple to 10 years for involuntary manslaughter plus a consecutive one-year firearm specification (total 11 years).
- The sentencing entry included a statement that Temple was found to have, or reasonably may be expected to have, the means to pay costs of supervision, confinement, assigned counsel, and prosecution; Temple appealed, raising two assignments of error.
- The appellate court affirmed the prison sentence as supported by the record but vacated the portion of the judgment imposing costs for assigned counsel, confinement, and supervision for lack of an on-the-record ability-to-pay finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 11-year sentence was supported by the record and lawful | State: Court properly considered R.C. 2929.11/2929.12 and facts; sentence within statutory range | Temple: Court rejected mitigating evidence and wrongly found no remorse; sentence unsupported | Affirmed — sentence supported by record and within law |
| Whether court properly imposed costs for assigned counsel, confinement, and supervision without on-the-record ability-to-pay findings | State: Costs were included in the journal entry and prosecution costs may be imposed; appellate court may allow later waiver motion | Temple: Court failed to orally impose or make required ability-to-pay findings at sentencing; lengthy term renders him unable to pay | Partially reversed — prosecution costs harmlessly imposed; costs for assigned counsel, confinement, and supervision vacated for lack of ability-to-pay findings |
Key Cases Cited
- State v. White, 103 Ohio St.3d 580 (Ohio 2004) (trial court may waive court costs for indigent defendants)
- State v. Beasley, 153 Ohio St.3d 497 (Ohio 2018) (court retains jurisdiction to waive, suspend, or modify costs of prosecution at sentencing or later)