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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Wednesday, January 22, 2014 7:55:14 AM
CASE NUMBER: 2011 CR 03364 Docket ID: 18793301
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
CASE_D SCR 2011 CR 033 64
CASE_ TYPE CR
DOCKET_ CODE
FORMSGEN YES
WORDDOC YES
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CRIMINAL DIVISION
STATE OF OHIO, CASE NO.: 2011 CR 03364
Plaintiff(s), JUDGE GREGORY F. SINGER
Court
-vs-
Pleas
ERIC DEMETRUS CHASE,
ORDER AND ENTRY OVERRULING
Defendant(s). MOTION FOR MANDATORY FINES
Common
General Division
This matter comes before the Court on Defendant’s Motion for Mandatory Fines, filed on December
2, 2013, stating that an affidavit of indigency was filed on June 27, 2013.
County
The Court finds that on July 16, 2012, Defendant entered a plea of no contest to one count of
possession of cocaine an F2, pursuant to R.C. 2925.11(A), one count of possession of heroin an F3, pursuant
Montgomery
to R.C. 2925.11(A), and one count of possession of cocaine an F5, pursuant to R.C. 2925.11(A). At the time
of sentencing, no affidavit of indigency had been filed. Accordingly, the Court found that the defendant was
not an indigent person for the purpose of paying the statutory mandatory fine, and ordered the defendant to
pay $5,000.00 to the Montgomery County Clerk of Court’s Office. (Termination Entry, July 16, 2012).
On August 14, 2012, Defendant filed an Affidavit of Indigency for the purposes of appointment of
appellate counsel. The affidavit did not pertain to the waiver of mandatory fees.
On June 6, 2013, the Second District Court of Appeals rendered its decision and AFFIRMED the
Trial Court. It wasn’t until June 27, 2013 that Defendant filed an Affidavit of Indigency to Waive
Mandatory Fines, however no motion to abate the fines was filed. The Motion to Waive Mandatory Fines
was filed on December 2, 2013.
Regarding the waiver of mandatory fees, R.C. 2925.11(E)(5) is clear and unambiguous in requiring
that an affidavit of indigency must be “filed” with the court prior to sentencing, and the act of filing certainly
includes the concept of time-stamping. State v. Gipson, 80 Ohio St.3d 626, 633, 1998 Ohio 659, 687 N.E.2d
750; See also, R.C. 2303.08. Since the required affidavits of indigency were not filed until after this Court
first sentenced the Defendant, this Court could not have avoided imposing the statutory fine since the
required affidavit was not filed until after the appeal decision had been issued. Therefore, the Court
OVERRULES Defendant’s motion as untimely.
SO ORDERED:
JUDGE GREGORY F. SINGER
This document is electronically filed by using the Clerk of Courts e-Filing system. The
system will post a record of the filing to the e-Filing account "Notifications" tab of the following
case participants:
NOLAN THOMAS
ASSISTANT PROSECUTING ATTORNEY
301 WEST THIRD STREET, 5TH FLOOR
P.O. BOX 972
DAYTON, OH 45422
(937)-225-5757
ELIZABETH C SCOTT
ATTORNEY(S) AT LAW
120 W. SECOND STREET, SUITE 603
DAYTON, OH 45402
(937)-506-4471
Attorney for Defendant(s),
Eric Demetrus Chase
BRIAN (IKE) ISENBLETTER, Bailiff (937) 225-4376ISENBLEB@montcourt.org
2
General Divison
Montgomery County Common Pleas Court
41 N. Perry Street, Dayton, Ohio 45422
Type: Order:
Case Number: 2011 CR 03364
Case Title: STATE OF OHIO vs ERIC DEMETRUS CHASE
So Ordered
Electronically signed by gsinger on 2014-01-22 07:55:33
page 3 of 3
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Wednesday, January 22, 2014 7:55:14 AM CASE NUMBER: 2011 CR 03364 Docket ID: 18793301 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO CASE_D SCR 2011 CR 033 64 CASE_ TYPE CR DOCKET_ CODE FORMSGEN YES WORDDOC YES IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO, CASE NO.: 2011 CR 03364 Plaintiff(s), JUDGE GREGORY F. SINGER Court -vs- Pleas ERIC DEMETRUS CHASE, ORDER AND ENTRY OVERRULING Defendant(s). MOTION FOR MANDATORY FINES Common General Division This matter comes before the Court on Defendant’s Motion for Mandatory Fines, filed on December 2, 2013, stating that an affidavit of indigency was filed on June 27, 2013. County The Court finds that on July 16, 2012, Defendant entered a plea of no contest to one count of possession of cocaine an F2, pursuant to R.C. 2925.11(A), one count of possession of heroin an F3, pursuant Montgomery to R.C. 2925.11(A), and one count of possession of cocaine an F5, pursuant to R.C. 2925.11(A). At the time of sentencing, no affidavit of indigency had been filed. Accordingly, the Court found that the defendant was not an indigent person for the purpose of paying the statutory mandatory fine, and ordered the defendant to pay $5,000.00 to the Montgomery County Clerk of Court’s Office. (Termination Entry, July 16, 2012). On August 14, 2012, Defendant filed an Affidavit of Indigency for the purposes of appointment of appellate counsel. The affidavit did not pertain to the waiver of mandatory fees. On June 6, 2013, the Second District Court of Appeals rendered its decision and AFFIRMED the Trial Court. It wasn’t until June 27, 2013 that Defendant filed an Affidavit of Indigency to Waive Mandatory Fines, however no motion to abate the fines was filed. The Motion to Waive Mandatory Fines was filed on December 2, 2013. Regarding the waiver of mandatory fees, R.C. 2925.11(E)(5) is clear and unambiguous in requiring that an affidavit of indigency must be “filed” with the court prior to sentencing, and the act of filing certainly includes the concept of time-stamping. State v. Gipson, 80 Ohio St.3d 626, 633, 1998 Ohio 659, 687 N.E.2d 750; See also, R.C. 2303.08. Since the required affidavits of indigency were not filed until after this Court first sentenced the Defendant, this Court could not have avoided imposing the statutory fine since the required affidavit was not filed until after the appeal decision had been issued. Therefore, the Court OVERRULES Defendant’s motion as untimely. SO ORDERED: JUDGE GREGORY F. SINGER This document is electronically filed by using the Clerk of Courts e-Filing system. The system will post a record of the filing to the e-Filing account "Notifications" tab of the following case participants: NOLAN THOMAS ASSISTANT PROSECUTING ATTORNEY 301 WEST THIRD STREET, 5TH FLOOR P.O. BOX 972 DAYTON, OH 45422 (937)-225-5757 ELIZABETH C SCOTT ATTORNEY(S) AT LAW 120 W. SECOND STREET, SUITE 603 DAYTON, OH 45402 (937)-506-4471 Attorney for Defendant(s), Eric Demetrus Chase BRIAN (IKE) ISENBLETTER, Bailiff (937) 225-4376ISENBLEB@montcourt.org 2 General Divison Montgomery County Common Pleas Court 41 N. Perry Street, Dayton, Ohio 45422 Type: Order: Case Number: 2011 CR 03364 Case Title: STATE OF OHIO vs ERIC DEMETRUS CHASE So Ordered Electronically signed by gsinger on 2014-01-22 07:55:33 page 3 of 3