State v. Hornacky
2011 Ohio 5821
Ohio Ct. App.2011Background
- Hornacky pled guilty to multiple theft offenses on April 13, 2006 and received a six-year sentence.
- The sentencing journal entry stated defendant is to pay court costs, though the court failed to notify him about costs at sentencing.
- Defendant twice moved to vacate court costs (May 2008 and July 2010); the trial court denied and allowed cost payment via community service.
- Defendant appealed the July 2010 denial, raising a single assigned error regarding court costs and indigence.
- The court held that only court costs were imposed; the issue involved indigent status and potential waivers under Ohio law.
- The court concluded the denial of waivers was within its discretion and any error was harmless, affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying waivers of court costs | State argued costs must be assessed; indigency may allow waivers under White. | Hornacky contends costs should be waived due to indigency and lack of notification. | Denial affirmed; costs proper; waiver denial within court’s discretion. |
Key Cases Cited
- State v. White, 103 Ohio St.3d 580 (2004) (costs mandatory but may be waived for indigents)
- State v. Joseph, 125 Ohio St.3d 76 (2010) (oral notification of mandatory costs; harmless error analysis)
- State v. Clevenger, 114 Ohio St.3d 258 (2007) (trial court may require community service to pay costs; indigent collection methods)
- State v. Threatt, 108 Ohio St.3d 277 (2006) (collection methods for court costs from indigents)