State of Ohio v. Chad Moore
Court of Appeals No. E-19-009
Trial Court No. 2017 CR 0445
IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY
November 8, 2019
[Cite as State v. Moore, 2019-Ohio-4609.]
*****
DECISION AND JUDGMENT
Decided: November 8, 2019
Kevin J. Baxter, Erie County Prosecuting Attorney, and Anthony A. Battista III, Assistant Prosecuting Attorney, for appellee.
Brian A. Smith, for appellant.
*****
ZMUDA, J.
{¶ 1} This matter is before the court on appeal from the judgment of the Erie County Court of Common Pleas, General Division, sentencing appellant Chad Moore to a 12-month prison term and ordering him to pay costs. Finding no error, we affirm.
{¶ 2} On February 13, 2017, plainclothes officers approached appellant after he parked his vehicle in an apartment building‘s lot in Sandusky, Ohio. The officers had been looking for appellant, hoping he could assist them in another investigation, either with information or as a confidential informant. They parked their unmarked vehicle in an adjacent parking spot and approached appellant as he opened his car door. As the officers identified themselves, they immediately noticed a plastic bag of suspected crack cocaine and a metal crack pipe in plain view between the driver‘s seat and the doorframe.
{¶ 3} The officers collected the contraband, and appellant took a seat in their vehicle. The officers then spoke with appellant while driving around, returning him to his own vehicle afterwards. Appellant later ceased cooperating with officers, and police chose not to use him as a confidential informant. The officers then submitted the contraband taken from appellant‘s vehicle for testing.
{¶ 4} On October 12, 2017, based on the contraband collected on February 13, 2017, appellant was indicted and charged in Erie County Court of Common Pleas case No. 2017 CR 0445 with possession of cocaine, in violation of
{¶ 5} On October 26, 2017, appellant appeared for arraignment and proceeded pro se, challenging the trial court‘s jurisdiction under admiralty law and common law. The trial court entered a not guilty plea on appellant‘s behalf over his objection, provided
{¶ 6} After appellant failed to appear for a scheduled court date early in the proceedings, the trial court ordered his bond revoked. Appellant was taken into custody, where he remained throughout the remainder of the case. Appellant‘s first public defender, attorney Carroll, filed a motion seeking suppression of the evidence seized from his vehicle and suppression of statements made by appellant to police, and a request for a psychiatric evaluation.
{¶ 7} On September 6, 2018, the trial court held a hearing on appellant‘s motion to suppress, with appellant‘s second public defender, attorney Ballou, providing
{¶ 8} In November 2018, a third public defender, attorney Felter, entered an appearance, followed a month later by a motion seeking leave to withdraw, informing the trial court that appellant “had discharged him and demanded that he be permitted to represent himself[.]” Appellant indicated, however, that he was proceeding pro se under duress. The trial court, therefore, ordered Felter to remain until a new public defender entered an appearance to represent appellant. No new attorney entered an appearance.
{¶ 9} On February 5, 2019, appellant entered into a plea, negotiated on his behalf by Felter. In exchange for appellant pleading guilty to the sole charge in case No. 2017 CR 0445, possession of cocaine in violation of
{¶ 10} Appellant addressed the trial court at sentencing and inquired as to the amount of court costs owed, but did not otherwise object to imposition of those costs. The trial court directed appellant to inquire with the Erie County Clerk of Courts, and on February 7, 2019, the clerk sent appellant an itemized bill for court costs in the amount of $788. Appellant did not pay this bill.
{¶ 11} Appellant now appeals the trial court‘s imposition of costs, arguing as error:
The failure of Appellant‘s trial counsel to make a motion for the waiver of court costs based upon Appellant‘s indigent status constituted ineffective assistance of counsel.
II. Ineffective Assistance and Imposition of Costs
{¶ 12} In his sole assignment of error, appellant argues that his trial counsel was ineffective because he did not request waiver of costs at sentencing. To demonstrate ineffective assistance of appointed counsel, appellant must first show that trial counsel‘s representation “fell below an objective standard of reasonableness.” Strickland v. Washington, 466 U.S. 668, 687-688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Because “effective assistance” may involve different approaches or strategies, our scrutiny of trial
{¶ 13} Appellant argues that, because the trial court determined he was indigent, his trial counsel was defective in failing to move for a waiver of court costs at sentencing. Regardless of any request by appellant, the law required the trial court to impose the costs of prosecution, and render a judgment for those costs, even if appellant was indigent. See
{¶ 14} Based on the record, the trial court imposed only the costs of prosecution. While these costs are mandatory,
{¶ 15} Even assuming appellant could demonstrate deficient performance by trial counsel, based on a failure to request waiver at sentencing, he demonstrates no resulting prejudice. Under
{¶ 16} For the forgoing reasons, we affirm the judgment of the Erie County Court of Common Pleas. Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24.
Judgment affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See also 6th Dist.Loc.App.R. 4.
Mark L. Pietrykowski, J. JUDGE
Christine E. Mayle, P.J. JUDGE
Gene A. Zmuda, J. CONCUR. JUDGE
This decision is subject to further editing by the Supreme Court of Ohio‘s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court‘s web site at: http://www.supremecourt.ohio.gov/ROD/docs/.