State v. Smith

Summary

The Ohio Supreme Court held that a sentencing court’s failure to notify an offender that community service may be imposed for failure to pay court costs under R.C. 2947.23(A)(1) is ripe for appellate review even before the offender fails to pay or community service is imposed. The court reversed the relevant portion of the court of appeals’ judgment and remanded for consideration of the defendant’s assignment of error.

Holdings

1. A sentencing court's failure to inform an offender, as required by R.C. 2947.23(A)(1), that community service could be imposed if the offender fails to pay prosecution or court costs presents an issue ripe for review even when the offender has not failed to pay and the court has not ordered community service.
2. Because the required notification must be provided at sentencing, the time to appeal the failure to provide it begins to run from the date of the trial court's sentencing entry.

Questions Presented

1. Whether a sentencing court's failure to notify an offender under R.C. 2947.23(A)(1) that community service may be imposed for failure to pay prosecution or court costs is ripe for appellate review before the offender fails to pay or community service is imposed.
2. Whether the time to appeal the failure to provide the notice required by R.C. 2947.23(A)(1) begins to run from the date of the sentencing entry.

Disposition

reversed_and_remanded