2011 Ohio 5153
Ohio Ct. App.2011Background
- Rhodes was resentenced to seven years for aggravated robbery after convictions for kidnapping and aggravated robbery, with a $500 fine and costs originally imposed and later challenged.
- On resentencing, the court pronounced seven years but the transcript stated costs of $250 and no explicit fine; the journal entry later stated a $250 fine plus court costs.
- The State moved under App.R. 9(E) to correct the record, arguing the transcript contained a clerical error and that the court typically imposes both a fine and costs.
- Rhodes challenged the January 25, 2011 journal entry as violating due process and confrontation rights, arguing it modified his sentence without his presence.
- The trial court held a hearing, issued a corrective journal entry reading $250 fine and court costs, and the record was supplemented with the hearing transcript and corrected entry.
- The appellate court held the correction was clerical, not a modification of sentence, and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the January 25, 2011 journal entry | Rhodes argues the entry violated due process and confrontation by altering the sentence. | Rhodes contends the entry improperly modified the sentence without his presence. | Corrected entry deemed clerical and valid; no due process prejudice. |
| Whether '$250 in costs' was a clerical error or a deliberate cap on costs | Rhodes argues the phrase evidenced a cap on costs and no fine. | Rhodes argues the court intended only a cap on costs; the transcript reflected no fine due to error. | Phrase was clerical error; the court could not cap costs without a motion. |
| Effect of the correction on the sentence itself | Rhodes maintains the journal entry as corrected modified the sentence. | Rhodes argues the correction changes the sentence upheld by transcript. | Correction did not modify the sentence; issue moot. |
Key Cases Cited
- State v. White, 103 Ohio St.3d 580 (2004) (court costs mandatory; waiver only by motion at sentencing)
- State v. Threatt, 108 Ohio St.3d 277 (2006) (waiver of court costs requires a motion at sentencing)
- State v. Brooke, 113 Ohio St.3d 199 (2007) (Crim.R. 43: defendant presence; journal entries govern; clerical errors excepted)