STATE OF OHIO v. DALE REED
No. 106796
Cоurt of Appeals of Ohio, EIGHTH APPELLATE DISTRICT, COUNTY OF CUYAHOGA
August 9, 2018
2018-Ohio-3187
Celebrezze, J., McCormack, P.J., and Jones, J.
Criminal Appeal from the Cuyahoga County Court of Common Pleas, Case Nos. CR-17-620198-A, CR-17-621752-A, and CR-17-621779-A
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: August 9, 2018
Mark A. Stanton
Cuyahoga County Public Defender
BY: Jeffrey Gamso
Assistant Public Defender
Courthouse Square, Suite 200
310 Lakeside Avenue
Cleveland, Ohio 44113
ATTORNEYS FOR APPELLEE
Michael C. O‘Malley
Cuyahoga County Prosecutor
BY: Christopher D. Schroeder
Assistant Prosecuting Attorney
The Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
{¶1} Defendant-appellant, Dale Reed, brings this appeal challenging the trial court‘s imposition of court costs. Specifically, Reed argues that the trial court erred by imposing court costs in its sentencing journal entries without imposing court costs in open court at sentencing. After a thorough review of the record and law, this court affirms.
I. Factual and Procedural History
{¶2} On December 4, 2017, Reed pled guilty in three criminal cases. First, in Cuyahoga C.P. No. CR-17-620198-A, Reed pled guilty to aggravated robbery with a three-year firearm specification, kidnapping, and having weapons while under disability. Second, in Cuyahoga C.P. No. CR-17-621752-A, Reed pled guilty to four counts of rape with three-year firearm specifications, four counts of aggravated robbery, four counts of kidnapping, three counts of having weapons while under disability, and aggravated burglary. Third, in Cuyahoga C.P. No. CR-17-621779-A, Reed pled guilty to burglary.
{¶3} The trial court held a sentencing hearing on January 8, 2018, during which it sentencеd Reed in all three criminal cases. The trial court sentenced Reed to an aggregate prison term of 33 years. Furthermоre, in CR-17-621752-A, the trial court determined that Reed was a Tier III sex offender/child offender registrant.
{¶4} The trial court did not address the issue оf court costs or impose court costs in open court during the sentencing hearing. However, the trial court‘s January 9, 2018 sentencing journal entries provide, in relevant part, “[t]he court hereby enters judgment against the defendant in an amount equal to the costs of this prosecution.”
{¶5} On February 6, 2018, Reed filed the instant appeal challenging the trial court‘s
I. The trial court committеd error when it entered judgment for costs in the journal entry but did not impose costs at sentencing.
II. Law and Analysis
A. Court Costs
{¶6} In his sole assignment of error, Reed аrgues that the trial court erred by imposing court costs in its sentencing journal entries without imposing costs in open court during the sentencing hearing. It is undisputed that the trial court erred in this regard. The state concedes that the trial court “did not mention court cоsts on the record during sentencing.” Appellee‘s brief at 3. The parties disagree, however, on the appropriatе remedy.
{¶7} Reed contends that the appropriate remedy is “for this [c]ourt to order the trial court to enter a nunc рro tunc entry deleting the imposition of costs so that the journal entry will state the truth of what occurred in open court and оn the record.” Appellant‘s brief at 4. On the other hand, the state argues that this court is not required to remand the matter to the trial court or to modify the imposition of court costs. Relying on the Ohio Supreme Court‘s holding in State v. Beasley, Slip Opinion No. 2018-Ohio-493, the state argues that the trial court‘s еrror was harmless and did not prejudice Reed because he can simply file a motion with the trial court to waive court costs. After reviewing the record, we agree with the state.
{¶8} In State v. Joseph, 125 Ohio St.3d 76, 2010-Ohio-954, 926 N.E.2d 278, the Ohio Supreme Court held that when a trial court imposes court сosts in a sentencing journal entry without orally informing a defendant that it was imposing costs at the sentencing hearing, the defendant‘s Crim.R. 43(A) right to be present at all stages of the trial was violated. Id. at ¶ 22. In concluding that such an error was not harmless, the court explainеd that the defendant “was
{¶9} In State v. Taylor, 8th Dist. Cuyahoga No. 104243, 2017-Ohio-9270, this court, sitting en banс, followed the Ohio Supreme Court‘s decision in Joseph and held that a “trial court‘s failure to impose court costs at the sentencing hearing, but ordering the defendant to pay court costs in the judgment entry of conviction, constitutes reversible error.” Taylor at ¶ 13. Shortly after this court released its en banc decision in Taylor, the Ohio Supreme Court issued its decision in Beasley.
{¶10} In Beasley, Slip Opinion No. 2018-Ohio-493, the trial court imposed court costs in its sentencing journal entry without mentioning costs during the sentencing hearing. The Ohio Supreme Court recognized that Joseph was no longer good law in light of the General Assembly‘s enactment of Am.Sub.H.B. No. 247, effective March 22, 2013, which amended
{¶11} In State v. West, 8th Dist. Cuyahoga No. 105568, 2018-Ohio-956, this court applied the Beasley rationale. The defendant-appellant challenged the trial court‘s imposition of court costs, arguing that the trial court imposed costs in its sentencing journal entry without
{¶12} In the instant matter, we find that a remand for correction regarding the trial court‘s imposition of court costs is unnecessary. Pursuant to the recent amendment to
{¶13} Based on the foregoing analysis, Reed‘s sole assignment of error is ovеrruled.
{¶14} Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there werе reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the cоmmon pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
FRANK D. CELEBREZZE, JR., JUDGE
TIM McCORMACK, P.J., and
LARRY A. JONES, SR., J., CONCUR