State v. Thompson
2022 Ohio 1073
| Ohio Ct. App. | 2022Background
- Thompson pleaded guilty to one count of aggravated assault (fourth-degree felony) and proceeded immediately to sentencing by agreement.
- Defense asked for community control; prosecutor noted victim did not want incarceration.
- Trial court sentenced Thompson to "time served" (1 day credit) and ordered payment of prosecution costs.
- The state appealed, arguing the sentence was unauthorized because the court did not impose a statutorily recognized community control sanction.
- The appellate court held that when no prison term is imposed for a felony, the court must impose a community control sanction described in R.C. 2929.15–.19; "time served" is not one of those sanctions, and court costs under R.C. 2947.23 are distinct from financial community-control sanctions under R.C. 2929.18.
- Judgment reversed and remanded for resentencing; concurring opinion emphasized that at least one statutory community control sanction must be imposed and noted prior cases upheld "time served" only where accompanied by a nominal fine or other authorized sanction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of imposing "time served" for a fourth-degree felony when no prison term is given | "Time served" is not authorized by statute and is therefore contrary to law | Trial court effectively imposed a one-day residential community-control sanction (jail credit) and thus sentence is authorized | Appellate court: "time served" is not a community-control sanction under R.C. 2929.15–.19; sentence is contrary to law; reversed and remanded |
| Whether court costs satisfy the requirement of a financial community-control sanction | Costs under R.C. 2947.23 are not a financial community-control sanction | Costs plus "time served" operate as a financial/community-control sanction | Appellate court: costs are separate from R.C. 2929.18 financial sanctions and do not constitute community control |
Key Cases Cited
- State v. Anderson, 35 N.E.3d 512 (Ohio 2015) (trial court must impose either a prison term or community-control sanctions when felony offender is not subject to mandatory prison)
- State v. Harris, 972 N.E.2d 509 (Ohio 2012) (a court acts contrary to law if it fails to impose a statutorily required term)
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate standard of review for felony sentences under R.C. 2953.08(G)(2))
- State v. Mathis, 846 N.E.2d 1 (Ohio 2006) (remedy for an unauthorized sentence is reversal and remand for resentencing)