2013 Ohio 5789
Ohio Ct. App.2013Background
- In Jan. 2012 Larry Weese was charged with misdemeanor assault (R.C. 2903.13(A)); he pleaded no contest.
- At sentencing in Aug. 2012 the court imposed 45 days jail, three years community control, a $250 fine, and court costs.
- Defense counsel initially filed an Anders brief; the appellate court found at least one non-frivolous issue, allowed withdrawal, and appointed new counsel.
- New counsel raised one assignment of error: the trial court imposed court costs without providing statutorily required notifications.
- The State conceded error; the issue concerns R.C. 2947.23(A)(1)(a) notice requirements at sentencing.
- The Ninth District reversed and remanded solely to permit proper imposition of court costs with the required notices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing court costs without notifying Weese that failure to pay could lead to community service creditable toward the judgment | Weese: court failed to give required notice at sentencing (opportunity for waiver; failure-to-pay may result in community service and credit for hours) | State: conceded the trial court did not give the required statutory notifications | Reversed: costs vacated and case remanded for proper imposition of costs with the notices required by R.C. 2947.23(A)(1) |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (standards for counsel withdrawal when appeal lacks arguable merit)
- McCoy v. Court of Appeals of Wisconsin, Dist. 1, 486 U.S. 429 (U.S. 1988) (appellate courts may appoint new counsel to brief arguable issues after Anders withdrawal)