Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No. 2018
Plaintiff-Appellee WILLIAM C. HAYES Prosecuting Attorney By:
CLIFFORD J. MURPHY Assistant Prosecuting Attorney.
Defendant-Appellant PATRICK T. CLARK Assistant State Public
W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E.
Carrie L. Rhodman appeals the decision of the Licking County
Court of Common Pleas ordering that she pay court-appointed
counsel fees. Appellee is the State of Ohio.
OF FACTS AND THE CASE
The underlying facts leading to the charges in this matter
are not relevant to the disposition of the appeal and are
Appellant was convicted of one count of aggravated arson and
was sentenced to a four year prison term and ordered to
"*** pay court-appointed counsel costs and any fees
permitted pursuant to R.C. Section 2929.18(A)(4) according to
the Defendant's ability to pay," over
Appellant filed an appeal and submitted two assignments of
"I. THE TRIAL COURT ERRED IN SENTENCING CARRIE RHODMAN
WHEN IT IMPOSED COSTS OF COUNSEL WITHOUT FIRST FINDING THAT
SHE HAD THE ABILITY TO PAY THOSE COSTS."
"II. THE TRIAL COURT'S IMPOSITION OF COUNSEL COSTS
AGAINST CARRIE RHODMAN IS CLEARLY AND CONVINCINGLY
UNSUPPORTED BY THE RECORD"
An appellate court may only modify or vacate a sentence if it
finds by clear and convincing evidence that the record does
not support the sentencing court's decision. State v.
Marcum,146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d
1231at ¶23. Clear and convincing evidence is that
"'which will produce in the mind of the trier of
facts a firm belief or conviction as to the facts sought to
be established.'" State v. Silknitter, 3rd
Dist. Union No. 14-16-07, 2017-Ohio-327, ¶ 7 quoting,
Marcum, supra, quoting Cross v. Ledford,161 Ohio St. 469, 120 N.E.2d 118 (1954), paragraph three of
the syllabus. Clear and convincing evidence is that measure
or degree of proof which is more than ...