State v. Priest, 2014 Ohio 1735

Priest was convicted in Oct. 2006 of rape, kidnapping, felonious assault, aggravated robbery, and weapon under disability; sentenced to 33 years and deemed a sexual predator with court costs imposed.
Priest’s direct appeal reversed the weapon-under-disability conviction but affirmed the rest (State v. Priest, 2007-Ohio-5958).
In July 2011 Priest sought a monthly installment plan for court costs; the trial court granted a $5/month payment from his prison earnings.
In Sept. 2012 Priest moved to vacate court costs and/or for resentencing, arguing failure to advise costs at sentencing violated due process; motion denied and appeal filed.
Priest argues the trial court’s failure to advise about costs voids the sentence, relying on State v. Joseph, but his argument is barred by res judicata and relies on Moore to distinguish civil nature of costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to advise of costs at sentencing can be corrected post-appeal.	Priest asserts due-process rights were violated.	Priest argues lack of oral notification affected ability to seek indigency/waiver.	Barred by res judicata; issue not reviewable post-appeal.

State v. Joseph, 125 Ohio St.3d 76 (Ohio 2010) (reversible error when court, not at sentencing, failed to inform about costs; costs are civil in nature)
State v. Pettway, 2013-Ohio-1348 (Ohio 2013) (limits correction of costs issue post-appeal; res judicata applied)
State v. Appleton, 2012-Ohio-2778 (Ohio 2012) (direct appeal proper forum for challenge to costs; cannot be raised after appeal)
State v. Walker, 2011-Ohio-5270 (Ohio 2011) (cites limitations on post-judgment challenges to costs)
State v. Moore, 135 Ohio St.3d 151 (Ohio 2012) (clarifies Joseph; costs are civil and do not void a criminal sentence)