STATE OF OHIO v. EMMANUEL L. SLAGLE
Case No. 12CA62
COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
January 22, 2013
2013-Ohio-230
Hon. Patricia A. Delaney, P.J.; Hon. William B. Hoffman, J.; Hon. Sheila G. Farmer, J.
CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 2010CR272H; JUDGMENT: Reversed
For Plaintiff-Appellant: JILL M. COCHRAN, 38 South Park Street, Mansfield, OH 44902
For Defendant-Appellee: EMMANUEL SLAGLE, PRO SE, Inmate No. 591-119, Ohio State Penitenitary, 878 Coitsville-Hubbard Road, Youngstown, OH 44505
Farmer, J.
{¶1} On August 6, 2010, appellee, Emmanuel Slagle, pled guilty to two counts of possession of drugs (heroin and MDMA) in violation of
{¶2} On June 7, 2012, appellee filed a motion to vacate the imposition of costs, fines and/or restitution. By judgment entry filed July 13, 2012, the trial court denied appellee‘s motion as to costs, found no restitution had been imposed, and granted the motion as to the $7,500.00 fine.
{¶3} Appellant, the state of Ohio, filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:
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{¶4} “THE TRIAL COURT ERRED WHEN IT VACATED THE MANDATORY FINES IN THIS CASE AS THE TRIAL COURT DID NOT HAVE THE AUTHORITY TO RECONSIDER ITS OWN VALID JUDGMENT.”
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{¶5} Appellant claims the trial court erred in vacating the mandatory fine imposed in 2010. We agree.
{¶6} Appellee pled guilty to one count of possession of heroin in an amount exceeding one hundred unit doses in violation of
{¶7} A trial court is not required to impose a fine if it finds that the offender is indigent after the offender files an affidavit of indigency prior to sentencing.
{¶8} The issue of the mandatory fine is res judicata. State v. Roberson, 5th Dist. No. 2001CA00070, 2003-Ohio-4282. As stated in State v. Perry, 10 Ohio St.2d 175 (1967), 180:
Under the doctrine of res judicata, a final judgment of conviction bars the convicted defendant from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial which resulted in that judgment of conviction or on an appeal from that judgment.
{¶9} In addition, the trial court was without jurisdiction to vacate its own valid final judgment. State ex rel. Cruzado v. Zaleski, 111 Ohio St.3d 353, 2006-Ohio-5795; State ex rel. Hansen v. Reed, 63 Ohio St.3d 597 (1992). Two exceptions to this rule are
{¶10} Upon review, we find the trial court erred in vacating the mandatory fine.
{¶11} The sole assignment of error is granted.
{¶12} The judgment of the Court of Common Pleas of Richland County, Ohio is hereby reversed.
By Farmer, J.
Delaney, P.J. and
Hoffman, J. concur.
s/ Sheila G. Farmer
s/ Patricia A. Delaney
s/ William B. Hoffman
JUDGES
SGF/sg 108
STATE OF OHIO v. EMMANUEL L. SLAGLE
CASE NO. 12CA62
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT
2013-Ohio-230
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Richland County, Ohio is reversed. Costs to appellee.
s/ Sheila G. Farmer
s/ Patricia A. Delaney
s/ William B. Hoffman
JUDGES