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State v. Ayers

Court of Appeals of Ohio, Eighth District

July 11, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
RONALD AYERS DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-548318 and CR-555008

ATTORNEYS FOR APPELLANT Timothy Young State Public Defender

BY Terrence K. Scott Assistant State Public Defender

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor

BY: Brian R. Radigan Christopher D. Schroeder Assistant County Prosecutors

BEFORE: Jones, P.J., Keough, J., and E.A. Gallagher, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, SR., P.J.

{¶ 1} Defendant-appellant, Ronald Ayers, appeals the trial court's failure to inform him that failure to pay court costs may result in the imposition of community service. We reverse.

{¶2} In 2012, Ayers pleaded guilty in Case No. CR-548318 to one count of rape and pleaded guilty in Case No. CR-555008 to one count of sexual battery. The trial court sentenced him to a total of eight years in prison and classified him as a Tier III sexual offender. The sentencing court ordered Ayers to pay court costs but waived the fine.

{¶ 3} Ayers filed a timely appeal, raising the following assignments of error, which will be combined for review:

[I]. The trial court erred by imposing court costs without notifying Mr. Ayers that his failure to pay such costs may result in the court's ordering him to perform community service.
[II]. The trial court committed plain error and denied Mr. Ayers due process of law when it imposed court costs without proper notification that Mr. Ayers' failure to pay court costs may result in the court's ordering him to perform community service.

{ΒΆ 4} In the assigned errors, Ayers argues that the trial court erred in imposing court costs without also informing him that his failure to pay the costs may result in the imposition ...


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