State v. Webb
2019 Ohio 1145
Ohio Ct. App.2019Background
- Sean Webb pled guilty to attempted tampering with evidence and possession of heroin and was placed on community control with a $250 fine, court costs, and court‑appointed counsel fees.
- The trial court imposed a payment schedule requiring payment of financial obligations by a set date with a minimum monthly installment.
- Webb admitted multiple community‑control violations; the court first reimposed community control, then later revoked it and sentenced him to 17 months’ imprisonment.
- The April 13, 2017 sentencing entry ordered payment of previously imposed costs and fees, directed collection of appointed‑counsel fees via civil proceedings, but referenced the earlier court‑ordered payment schedule for court costs.
- Webb appealed, arguing the court lacked authority to enforce court costs and appointed‑counsel reimbursement through a criminal‑court payment schedule rather than civil collection; the State conceded error.
- The appellate court found the reference to a court‑ordered payment schedule for court costs improper and modified the sentencing entry to remove that language; the judgment was otherwise affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court may enforce court costs and appointed‑counsel reimbursement via a criminal‑court payment schedule | State conceded trial court properly imposed costs but enforcement must follow civil procedures | Webb: trial court lacked authority to impose or enforce a payment schedule for costs/fees; collection must proceed through civil execution | Court: Payment schedule language for court costs was improper; costs/fees must be collected through civil collection mechanisms; entry modified to excise payment‑schedule language |
Key Cases Cited
- State v. Kloeker, 73 N.E.3d 1167 (2d Dist.) (vacating court‑ordered payment schedule; enforcement of costs/fees must proceed through civil collection)
- State v. Johnson, 69 N.E.3d 176 (2d Dist.) (trial court cannot enforce court costs via mandatory post‑confinement payment plan; civil collection required)
- State v. Springs, 53 N.E.3d 804 (2d Dist.) (reimbursement for appointed counsel must be enforced through civil execution, not blended into criminal payment schedule)
- State v. Threatt, 843 N.E.2d 164 (Ohio 2006) (collection methods available for civil judgments apply to criminally imposed financial sanctions)
- Dibert v. Carpenter, 98 N.E.3d 350 (2d Dist.) (affirming that civil collection procedures apply to judgments for court costs)