State v. Russell, 2016 Ohio 7712

Defendant Shakim L. Russell pleaded guilty in two Cuyahoga County cases to multiple felonies and misdemeanors and received an aggregate 11-year prison term and a $10,000 fine.
At the joint sentencing hearing the trial court orally waived "all court costs."
The journal entry in Case No. CR-13-579855-A reflected the waiver of costs.
The journal entry in Case No. CR-15-599705-A, however, ordered Russell to pay "an amount equal to the costs of this prosecution."
The State concedes, and the record confirms, the trial court waived costs at sentencing, creating a discrepancy between the oral ruling and one journal entry.
Russell appealed the inclusion of costs in the CR-15-599705-A journal entry; he also argued counsel was ineffective for not filing a motion to waive costs (secondary claim rendered moot by disposition).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by ordering court costs in the journal entry when it waived costs on the record at sentencing	State concedes waiver occurred at sentencing	Russell argues the journal entry conflicts with the oral waiver and is erroneous	Court sustained the assignment of error and remanded for a nunc pro tunc entry correcting the journal to reflect the waived costs
Whether counsel admitted malpractice by failing to file a motion to waive costs	State did not contest effectiveness issue	Russell argued counsel should have filed a post-sentencing motion to formalize the waiver	Court found this issue moot after granting relief on the first assignment of error

State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353 (Ohio 2006) (trial courts retain continuing jurisdiction to correct clerical errors in judgments with nunc pro tunc entries to reflect what the court actually decided)