State v. Skirvin

Citations

• 2019 Ohio 2040

Syllabus

The trial court erred when it ordered appellant to pay court-appointed counsel fees without making an explicit finding on the record regarding appellant's present and future ability to pay those fees. The trial court also erred in failing to specify the amount of court-appointed counsel fees that appellant could reasonably be expected to repay. The trial court did not err, however, by ordering the Clerk of Court to provide the Department of Rehabilitation and Correction with a certified copy of the judgment showing the total amount of financial obligations appellant owed for purposes of garnishing appellant's prison account under Ohio Adm.Code 5120-5-03 and R.C. 5120.133. The judgment is reversed insofar as it ordered appellant to pay court-appointed counsel fees, and the matter is remanded for resentencing. In all other respects, the judgment of the trial court is affirmed. (Donovan, J., concurring in judgment only.)