State v. Weathers
2013 Ohio 1104
Ohio Ct. App.2013Background
- Weathers was convicted in 2010 of domestic violence, felonious assault, and violation of a protection order for an incident involving his girlfriend.
- Sentences were 18 months (DV), 5 years (felonious assault), and 5 years (PO), all to run concurrently.
- This court reversed the sentence in 2011 and remanded for resentencing because the offenses were allied of similar import and not merged.
- At resentencing (Jan 19, 2012), the state elected to proceed on felonious assault; DV and PO were merged into felonious assault, five-year sentence imposed, court costs added.
- Weathers appealed asserting ineffective assistance of counsel and improper notification regarding court costs; the court sustained the second assignment and remanded for proper cost imposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel at resentencing | Weathers contends counsel was ineffective. | Weathers contends lack of proper appointment and misframing of merge issue. | No reversible error; counsel represented Weathers and prejudice not shown. |
| Notice and proper imposition of court costs | Court costs, including jury fees, and potential community service not properly disclosed. | Failure of notice violated R.C. 2947.23(A)(1). | Remanded for proper imposition of costs with mandatory jury-fee notice; costs vacated to be reimposed correctly. |
Key Cases Cited
- State v. Madrigal, 87 Ohio St.3d 378 (2000) (Strickland prejudice standard applies to ineffective assistance)
- Strickland v. Washington, 466 U.S. 668 (Supreme Court (1984)) (deficient performance and prejudice required for ineffectiveness)
- State v. Johnson, 128 Ohio St.3d 153 (2010) (mergeable offenses test for allied offenses)
- State v. Smith, 131 Ohio St.3d 297 (2012) (mandatory community-service notification at sentencing)
- State v. Debruce, 9th Dist. No. 25574, 2012-Ohio-454 (2012) (proper remedy when R.C. 2947.23(A)(1) notification is faulty)
- State v. Taylor, 11th Dist. No. 2011-P-0090, 2012-Ohio-3890 (2012) (remand for proper notice under R.C. 2947.23)
- State v. Henderson, 2nd Dist. No. 24701, 2012-Ohio-3283 (2012) (remand when sentencing costs not properly notified)
- State v. Weathers, 2011-Ohio-6793 (12th Dist. 2011) (allied offenses and merger ruled on appeal)