State v. Davis

Citations

• 2017 Ohio 8222

Syllabus

Motion to withdraw guilty plea effective assistance of counsel ability to pay R.C. 2929.11 R.C. 2929.12 R.C. 2947.23 court costs. The trial court did not abuse its discretion in denying defendant's oral postsentence and subsequent written motions to withdraw his guilty plea. The trial court held a hearing on defendant's motion the evidence adduced at the hearing did not support defendant's allegations that defense counsel promised he would receive the mandatory minimum sentence. Defendant's ineffective assistance claim was without merit as he failed to demonstrate a reasonable probability that the trial court would have waived the mandatory fine had defense counsel filed an affidavit of indigence prior to sentencing. The trial court made all required findings under R.C. 2929.14(C) supporting the imposition of consecutive sentences. R.C. 2929.11 and 2929.12 are not fact-finding statutes a trial court is not required to make specific findings on the record with respect to its consideration of the factors under these statutes. R.C. 2947.23 provides that notification of possible court ordered community service need only be given if the judge or magistrate imposes a community control sanction or other nonresidential sanction the statute no longer requires such notification when a trial court imposes a prison term. A trial court need not consider a defendant's ability to pay court costs. The trial court properly exercised its discretion in imposing court costs.