Court of appeals partially reverses decision of local court

Ohio's Fourth District Court of Appeals has affirmed in part and reversed in part the decision of a local court, saying that a defendant was not advised that he could be ordered to perform community service if he did not pay his ordered court costs. 

In August 2010, Donald Scott Pearson, 49, of Greenfield, was found guilty by a jury in Highland County Common Pleas Court on one count of trafficking in crack cocaine and one count of possession of crack cocaine. He was sentenced to 12 months in prison, a 4-year suspension of driving privileges, and was ordered to pay court costs. 

In addition to that sentence, he is currently serving additional time on two separate convictions of domestic violence and receiving stolen property, according to the Ohio Department of Corrections. 

Pearson, who was represented by attorneys Tim Young and Peter Galyardt of the Ohio Public Defender's Office, alleged one assignment of error in the appeal, claiming that the trial court erred by imposing court costs without notifying Pearson that he could be ordered to perform community service if the court costs were not paid. 

According to the Highland County Clerk of Court's Office, Pearson owes $1,213 in the case. During the proceedings in the case, Pearson was found to be indigent, and his legal counsel for trial was appointed. 

In a decision by the court that was posted online this week, the court of appeals wrote that it agreed with Pearson, that during sentencing the court "failed to inform him that he could be required to perform community service if he does not pay court costs." 

According to the decision, "The prosecution (represented by the Highland County Prosecutor's Office) does not contest that (Pearson) did not receive the requisite information, but argues, instead, that the issue is not yet 'ripe' for adjudication because (Pearson) has not been ordered to perform community service and, thus, has suffered no prejudice. We concede that case law does support that argument from this district and others around Ohio. However, two judges on the panel of this case (Judge William Harsha and Judge Peter Abele) have rejected the application of ripeness doctrine in this context." 

The court sustained Pearson's assignment of error and reversed "the trial court's judgment to this extent and remand the matter to the trial court for further proceedings consistent with this opinion. The trial court may either vacate the imposition of costs, or re-sentence appellant, whichever best serves the interest of judicial economy in Highland County." 

Highland County Prosecutor Anneka Collins said that as a result of the judgment from the court of appeals, Highland County Common Pleas Court Judge Rocky Coss vacated the court costs.