State v. Taylor (Slip Opinion) (2020)

Taylor, 163 Ohio St.3d 508 at ¶ 5-6. {¶99} The state’s argument also fails to address the remainder of the Supreme Court’s holding in Taylor.

Taylor, 2020-Ohio-6786, at ¶ 35, 37 .

Pursuant to that rule, the defendant must be physically present at the imposition of his or her "sentence." Therefore, given the plain language set forth in Crim.R. 43(A), Ross must necessarily be arguing that postrelease control supervision costs are part of a defendant's "sentence" that can be imposed upon the defendant only when he or she is physically present at sentencing. {¶ 9} However, just like court costs and appointed counsel fees, supervision costs -4- Butler CA20…

State v. Davis, 159 Ohio St.3d 31 , 2020-Ohio-309 , 146 N.E.3d 560, ¶7 (court costs are not punishment and are not part of sentence); State v. Taylor, 163 Ohio St.3d 508 , 2020-Ohio-6786 , 171 N.E.3d 290, ¶37 (appointed counsel fees are a civil assessment and not part of sentence). {¶25} R.C. 2947.23(A)(1)(a) provides, “In all criminal cases, including violations of ordinances, the judge or magistrate shall include in the sentence the costs of prosecution, including any cost…

See State v. Taylor, 163 Ohio St.3d 508 , 2020-Ohio-6786 , 171 N.E.3d 290, ¶ 2 ; Ivey at ¶ 8.

See State v. Taylor, 163 Ohio St.3d 508 , 2020-Ohio-6786 , 171 N.E.3d 290, ¶ 15 . {¶ 10} Towns was convicted of violating R.C. 102.03(B), which prohibits any present or former public official from disclosing or using, without appropriate authorization, any information acquired by the public official or employee in the course of the public official’s or employee’s official duties that is confidential because of statutory provisions, or that has been clearly designated to the …

See Taylor at ¶ 38-39 (vacating the portion of the sentencing entry imposing court-appointed-counsel fees).

See Taylor, 2020-Ohio-6786, ¶ 28 (“R.C. 2941.51 does not require the trial court to make any explicit findings prior 2 In addition to inquiring into how our interpretation of R.C. 2941.51(D) could apply in a situation where a trial court formally decides to enforce a civil assessment in a collection proceeding, Risner also argues that the April 25 judgment entries effectively require him to pay towards the civil assessment of court-appointed- counsel fees while he is indigen…

See also Taylor at ¶ 41 (DeWine, J. concurring) (signaling that proper standard of review is abuse of discretion). {¶ 16} An abuse of discretion connotes that the trial court’s attitude is unreasonable, arbitrary, or unconscionable.

See id. (to avoid confusion, the best practice would be to include the order of court-appointed-counsel fees in a separate entry, apart from the sentence). {¶ 38} Because the trial court’s imposition of a sanctions, costs, and fees was appropriate in this case, appellant’s second assignment of error is not well-taken.

See 2941.51(D) (“The fees and expenses approved by the court under [R.C. 2941.51] shall not be taxed as part of the costs and shall be paid by the county.”). -15- Case No. 10-24-01 {¶38} “Trial courts may impose only sentences that are provided for by statute.” Taylor at ¶ 35 . “[B]ecause there is no statutory authority allowing a trial court to ‘sentence’ a defendant to pay court-appointed-counsel fees, such an order cannot be included as a part of the defendant’s sentence.…

See also State v. Taylor, 163 Ohio St.3d 508 , 2020- Ohio-6786, ¶ 35 (affirming that “the General Assembly has specifically required courts to include financial sanctions, fines, and court costs as a part of the defendant’s sentence”).

See Taylor, ___Ohio St.3d___, 2020-Ohio-6786, ¶ 38 ; State v. Maston, 2d Dist.