State v. West
2011 Ohio 4941
Ohio Ct. App.2011Background
- In 2006, West was convicted of aggravated robbery and tampering with evidence in Summit County.
- Original sentencing required West to pay court costs and fees under Ohio law.
- In 2010, West moved to dismiss arguing invalid post-release control notification and that resentencing was improper.
- The trial court conducted a de novo resentencing in December 2010 to address post-release control, journalizing a new sentencing entry.
- The December 10, 2010 entry ordered payment of court costs and attorney fees, but the court later vacated portions of that entry consistent with Fischer and related cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly imposed court costs under R.C. 2947.23(A). | West argues improper costs imposition due to faulty notifications. | West contends costs were improperly imposed and limited by Fischer. | Partial reversal; costs tied to the post-release control portion are affirmed; remainder of the entry voided. |
| Whether trial counsel was ineffective for not challenging the costs/fees issues at resentencing. | West claims ineffective assistance for failure to raise objections. | West's counsel did not argue jurisdictional defects. | Moot; issues resolved by Fischer-based ruling. |
| Whether the court lacked jurisdiction to impose attorney fees. | West argues lack of jurisdiction to impose attorney fees. | Court had authority to impose fees only in line with post-release control errors. | Sustained; court lacked jurisdiction to impose attorney fees. |
| Whether trial counsel was ineffective for not arguing lack of jurisdiction for attorney fees. | West asserts ineffective assistance for not challenging fees. | Defense failed to pursue jurisdictional challenge. | Moot; overarching result controls. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010) (invalid post-release control notification does not taint entire sentence; remand limited to post-release control)
- State v. Cool, 2011-Ohio-1560 (Ohio 2011) (remand excises improper de novo sentencing; remainder void)
- State v. Stiggers, 2011-Ohio-4225 (Ohio 2011) (post-release control resentencing rulings carve out nullities)