State v. Collier

920 N.E.2d 416, 184 Ohio App. 3d 247
CourtOhio Court of Appeals
DecidedSeptember 8, 2009
DocketNo. 08AP-1099
StatusPublished
Cited by10 cases

This text of 920 N.E.2d 416 (State v. Collier) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Collier, 920 N.E.2d 416, 184 Ohio App. 3d 247 (Ohio Ct. App. 2009).

Opinion

Bryant, Judge.

{¶ 1} Defendant-appellant, Egan B. Collier, appeals from a judgment of the Franklin County Court of Common Pleas finding him guilty, pursuant to a guilty plea, of two counts of rape and imposing a 15-year term of incarceration and a $20,000 fine. Because (1) the $20,000 is not contrary to law but (2) the trial court’s calculation of 231 days of jail-time credit is plainly erroneous, we affirm in part and reverse in part.

I. Procedural History

{¶ 2} Defendant was arrested on March 12, 2008, and charged with three counts of rape, each a first-degree felony in violation of R.C. 2907.02, one count of felonious assault, a second-degree felony in violation of R.C. 2903.11, and one count of kidnapping, a first-degree felony in violation of R.C. 2905.01, all arising out of an incident on March 6, 2008. On March 26, 2008, defendant entered pleas of not guilty to the charges, filed an affidavit of indigency, and received court-appointed counsel. According to the trial court record, defendant remained in custody on the charges from the time of his arrest until his sentencing.

{¶ 3} Following pretrial negotiations, defendant and the prosecution executed a plea agreement on December 1, 2008, in which defendant agreed to enter guilty pleas to two counts of rape in exchange for a nolle prosequi on the remaining three counts and a jointly recommended 15-year prison term. In addition to setting forth the negotiated terms of the plea agreement, the guilty-plea form defendant signed stated that he was also subject to (1) a mandatory five-year period of postrelease control and (2) up to a $20,000 fine on each of the first-degree felony counts to which he agreed to plead guilty.

{¶ 4} Prior to accepting defendant’s guilty plea at a combined plea and sentencing hearing held that same day, the trial court elicited testimony from defendant that he was a college graduate, he had read and reviewed the guilty plea form with his attorney, and he understood the guilty-plea form he signed. The court advised defendant that “regardless of any joint recommendation,” he was subject to maximum penalties that included prison terms of ten years for [250]*250each offense and, “in addition to that, $20,000, for a total of $40,000.” Defendant confirmed that he understood the potential penalties and that “the sentence will be up to [the trial court].” After finding that defendant was entering his plea knowingly, intelligently, and voluntarily, the trial court accepted his guilty plea, found him guilty, and proceeded to sentencing. No presentence investigation of defendant was conducted.

{¶ 5} In sentencing defendant, the trial court imposed the jointly recommended prison term of 15 years and noted that defendant was entitled to “roughly” 231 days of jail-time credit. The court also imposed a fine of $20,000 and commented, “There’s no question that Mr. Collier — his conduct warrants not only the prison time but also a financial penalty.” Defense counsel received permission from the court to be heard regarding the fine and stated, “I would just like to remind the Court that Mr. Collier is indigent. I was appointed counsel in this case.” The trial court thanked counsel and responded, “I understand. The Court understands that defendant is indigent. However, the Court will impose $20,000 in fines and also costs * * *.” The trial court journalized its plea and sentencing proceedings in a December 10, 2008 judgment entry. The entry states that the court considered defendant’s present and future ability to pay a fine and financial sanctions and, pursuant to R.C. 2929.18, imposed “the following fine and/or financial sanctions: Defendant shall pay a fine in the amount of $20,000.00 and court costs in an amount to be determined. Defendant is declared indigent.”

II. Assignments of Error

{¶ 6} Defendant timely filed a notice of appeal and assigns the following errors:

ASSIGNMENT OF ERROR NO. 1:
The trial court denied Mr. Collier due process of law under the Ohio and Federal Constitution[s] when it imposed an excessive fine on Mr. Collier when the record before the trial court showed that Mr. Collier was indigent, counsel had been appointed, and there was no evidence to show that Mr. Collier had the capacity to pay a fine.
ASSIGNMENT OF ERROR NO. 2:
The parties below erred in calculation of jail credit.

III. First Assignment of Error — $20,000 Fine

{¶ 7} In his first assignment of error, defendant claims that the $20,000 fine the trial court imposed denied him due process of law because not only is the fine excessive but no evidence in the record supports a conclusion that he has the present or future ability to pay the fine.

[251]*251{¶ 8} Defendant argues that although the judgment entry states that the trial court considered defendant’s present and future ability to pay a fine, the record clearly demonstrates that he did not have a present ability when he was sentenced. To support his argument, defendant notes that court-appointed counsel represented him throughout the trial court proceedings, he was held in jail for 264 days pending trial, and the trial court specifically found him indigent at the sentencing hearing and in the judgment entry. Defendant similarly argues that the record contains no evidence to support a finding that he has a future ability to pay the $20,000 fine imposed upon him. To the contrary, the record indicates that he is indigent, will be imprisoned and unable to work for at least 15 years, and upon his release will have a record as a convicted Tier III sex offender. Defendant contends that this court should exercise its jurisdiction under R.C. 2501.02 to modify the sentencing judgment and strike the fine that the trial court imposed.

{¶ 9} In State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912, 896 N.E.2d 124, a plurality opinion, the Supreme Court of Ohio established a two-step analysis of sentencing issues. The first step is to “examine the sentencing court’s compliance with all applicable rules and statutes in imposing the sentence to determine whether the sentence is clearly and convincingly contrary to law.” Id. at ¶ 4. If the sentence is not clearly and convincingly contrary to law, the second step under Kalish is to review whether the trial court abused its discretion in imposing the sentence. Id.; State v. Easley, 10th Dist. No. 08AP-755, 2009-Ohio-2984, 2009 WL 1804087, ¶ 15. An abuse of discretion is “ ‘more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.’ ” Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 219, 5 OBR 481, 450 N.E.2d 1140, quoting State v. Adams (1980), 62 Ohio St.2d 151, 157, 16 O.O.3d 169, 404 N.E.2d 144.

{¶ 10} Pursuant to R.C. 2929.18(A), a trial court imposing a sentence upon a felony offender may sentence the offender to any financial sanction or combination of financial sanctions that the relevant statute authorizes. R.C. 2929.18(A)(3)(a) authorizes a sentencing court to impose a fine of not more than $20,000 for a first-degree felony. While a trial court may conduct a hearing to determine an offender’s ability to pay a fine, a hearing is not required.

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Cite This Page — Counsel Stack

Bluebook (online)
920 N.E.2d 416, 184 Ohio App. 3d 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-collier-ohioctapp-2009.