State v. Hunter
2021 Ohio 2423
| Ohio Ct. App. | 2021Background
- Hunter was tried on consolidated indictments (two case numbers) and convicted on one count (case No. B-1400110); the jury deadlocked on the remaining counts and the court declared mistrial on those counts.
- The court sentenced Hunter to community control and jail time and ordered her to pay $34,559.66 in court costs; Hunter later filed a motion to mitigate costs, arguing some costs were statutorily unauthorized (notably transcript charges).
- The trial court granted mitigation of only $348 and left the vast majority of costs in place; Hunter appealed the court’s partial denial.
- The primary disputes on appeal involved (1) whether costs of prosecution must be apportioned per case or per charge, and (2) whether transcript costs (preverdict, postverdict but presentencing, and postsentencing) were permissible “costs of prosecution.”
- The appellate court affirmed assessment of preverdict transcript costs, reversed assessment of postsentencing transcript costs, and reversed and remanded for further proceedings on postverdict (post‑verdict, pre‑sentence) transcript costs.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hunter) | Held |
|---|---|---|---|
| Whether costs of prosecution must be apportioned per case or per individual charge | Costs are properly assessed for the case as a whole under R.C. 2947.23(A)(1) | Costs should be prorated by conviction count (Hunter argued 1/9 share) | Assessed per case, not per charge; trial court did not abuse discretion rejecting pro rata argument |
| Whether transcript costs are "costs of prosecution" under R.C. 2947.23(A)(1) | Transcripts ordered by court at prosecution request are legitimate costs of prosecution | Transcripts ordered solely for the prosecution (esp. retrial prep) are not chargeable where they relate to dismissed/unsuccessful charges | Preverdict transcripts may be charged; postsentencing transcripts cannot be charged as costs of prosecution |
| Whether postverdict (after verdict, before sentencing) transcript costs tied to a later-dismissed retrial may be charged to defendant | Absent proof transcripts relate solely to dismissed charges, costs may stand; transcripts could have been needed to respond to posttrial motions | Postverdict transcripts used to prepare a retrial (ultimately dismissed) are not costs of the successful prosecution and should not be charged without factual showing otherwise | Trial court failed to make sufficient findings; appellate court reversed and remanded for reconsideration of postverdict transcript costs |
Key Cases Cited
- State ex rel. Martin v. Russo, 153 N.E.3d 20 (Ohio 2020) (trial court has discretion under R.C. 2947.23 to waive, suspend, or modify court costs)
- City of Middleburg Heights v. Quinones, 900 N.E.2d 1005 (Ohio 2008) (costs of prosecution must be imposed on a per‑case basis, not per offense)
- State v. Lykins, 102 N.E.3d 503 (Ohio App. 2017) (statute contemplates costs be imposed after conviction; costs follow a successful prosecution)
- State v. Watkins, 644 N.E.2d 1049 (Ohio App. 1994) (costs of prosecution do not include postsentencing items not part of prosecution)
- State v. Taylor, 163 N.E.3d 486 (Ohio 2020) (appellate recognition that strong record evidence about inability to pay or improper costs can make trial court’s failure to address costs an abuse of discretion)