State v. Davis, 2021 Ohio 2954

Victim Jaisha Broner reported three separate incidents: Dec. 15, 2019 (car tampered with, tires flattened, urine/eggs/alc. sprayed, gas cap open, wallet with cash missing); Jan. 24, 2020 (windshield cracked by a brick); Apr. 26, 2020 (repeated banging at front door, door damaged and lock broken).
Broner installed home surveillance and submitted two videos from Jan. 24 showing a person she identified as Brittany Davis throwing bricks; Broner also identified Davis’s voice on an April 26 audio/video recording.
Davis testified and denied most allegations (disputing identity in videos, offering an alibi for Jan. 24), but admitted she went to Broner’s house on Apr. 26 and acknowledged the recorded voice was hers.
After a bench trial the court convicted Davis of one count of theft (R.C. 2913.02) and three counts of criminal damaging or endangering (R.C. 2909.06).
On appeal Davis raised two assignments of error: (1) convictions against the manifest weight of the evidence; (2) trial court erred in imposing court costs in one case number when costs were not announced at sentencing.
The appellate court affirmed the convictions on the weight-of-the-evidence claim but reversed and remanded as to court costs in case no. 20CRB-7651 to permit Davis to seek a waiver.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether convictions were against the manifest weight of the evidence	State: surveillance videos and victim identification, plus other evidence, support convictions	Davis: misidentification; alibi and differences in appearance undermine the state’s proof	Affirmed — the trial court reasonably credited the victim’s testimony; no manifest miscarriage of justice
Whether court erred by imposing court costs in journal entry though not announced at sentencing	State: R.C. 2947.23(A)(1) makes costs mandatory and may be entered in judgment	Davis: costs were not imposed at the sentencing hearing so she was denied opportunity to claim indigency/seek waiver	Reversed as to costs and remanded for limited purpose to allow Davis to move for waiver; otherwise affirmed

State v. Thompkins, 678 N.E.2d 541 (establishes manifest-weight standard)
State v. Bryan, 804 N.E.2d 433 (trier of fact best positioned to assess witness credibility)
State v. Braden, 145 N.E.3d 235 (court may waive costs after imposition if unpaid)
State v. Joseph, 926 N.E.2d 278 (failure to address court costs at sentencing but impose them in journal entry is reversible; remand for limited remedy)
State v. Geary, 72 N.E.3d 153 (affirming that omission of costs discussion at sentencing denies defendant opportunity to seek waiver)