from Seneca County Common Pleas Court Trial Court No. 14 CR
Jennifer L. Kahler for Appellant
W. DeVine for Appellee
Defendant-appellant Charles V. Schaeffer
("Schaeffer") brings this appeal from the judgment
of the Court of Common Pleas of Seneca County imposing
restitution in the amount of $41, 530 and ordering Schaeffer
to pay counsel fees for his appointed counsel. Schaeffer
claims on appeal that the amount of restitution was not
supported by adequate evidence and that the trial court erred
by requiring him to pay court appointed counsel fees without
first considering his present and future ability to pay. For
the reasons set forth below, the judgment is affirmed in part
and reversed in part.
In October 2014, a jury convicted Schaeffer of four counts:
1) Complicity to Aggravated Arson in violation of R.C.
2923.03(A)(2), (F) and 2909.02(A)(1), (B)(2), a felony of the
first degree; 2) Complicity to Aggravated Murder in violation
of R.C. 2923.03(A)(2), (F) and 2903.01(B), (F), a special
felony; 3) Complicity to Murder in violation of R.C.
2923.03(A)(2), (F) and 2903.02(B), (D), a special felony; and
4) Complicity to Attempted Murder in violation of R.C.
2923.03(A)(2), (F) and 2923.02(A), (E)(1), a felony of the
first degree. Doc. 53. On October 31, 2014, the trial court
sentenced him to an aggregate prison term of 25 years.
Id. The trial court also ordered Schaeffer to pay
restitution in the amount of $54, 429.45 and to pay all costs
of prosecution, including appointed counsel costs.
Id. Schaeffer appealed from this judgment. Doc. 57.
On August 31, 2015, this court affirmed the convictions on
Counts 1 and 3, but reversed the convictions on Counts 2 and
4. State v. Schaeffer, 3d Dist. 13-14-34,
2015-Ohio-3531, 41 N.E.3d 813. Although the issue of
restitution and the failure to hold a hearing in regards to
ability to pay was raised as an assignment of error in that
appeal, it was declared moot due to the fact that a new
sentencing hearing would be required which necessitated its
reconsideration. Id. at ¶ 92.
On January 19, 2016, the State filed a motion to dismiss
count 2 of the indictment without prejudice. Doc. 73. The
State claimed that since Schaeffer was already serving an
indefinite term of fifteen years to life, proceeding with a
trial on count 2 "would not serve the interest of
justice or judicial economy." Id. The trial
court granted the motion on January 21, 2016. Doc. 74. On
March 19, 2018, the trial court sua sponte dismissed count 4
of the indictment. Doc. 76.
On February 1, 2019, a resentencing hearing was held. Doc. 88
and 90. At the hearing, the trial court ordered
Schaeffer to serve an aggregate prison term of fifteen years
to life. Id. The trial court also ordered Schaeffer
to pay restitution in the amount of $41, 530.00. Id.
The trial court noted the following:
Counsel for defendant reminded the Court that defendant did
not object to the restitution amount at the time of sentence.
Further, defendant does not have the ability to pay
restitution in this case due to his indefinite incarceration
in a state penal institution.
Id. at 3. Then the trial court ordered Shaeffer to
pay court appointed counsel fees. Id. At no place in
either the original or the nunc pro tunc judgment entries is
there any affirmative indication of Schaeffer's ability
to pay the fees and restitution either now or in the future.
Schaeffer filed a notice of appeal from this entry. Doc. 91.
On appeal, Schaeffer raises the following assignments of
First Assignment of Error
The sentence should be reversed because there was inadequate
evidence to support the amount ordered.
Second Assignment of Error
The sentence should be reversed because the trial court erred
in ordering [Schaeffer] to pay court appointed counsel fees
without first considering [Schaeffer's] ...