State v. Smathers

Harsha, Judge.

The state of Ohio has been granted leave to appeal the decision of the Athens County Municipal Court which suspended part of the fine it imposed against Samuel Smathers for furnishing alcohol to a minor. The state assigns the following error:

“The trial court’s suspension of $475 of a $500 mandatory fine was arbitrary, unreasonable and capricious.”

Smathers entered a plea of no contest to furnishing alcohol to a minor in violation of R.C. 4301.69. The court found him guilty and imposed a fine of $500, ten days in jail and court costs. All of the jail time was suspended, as was…