Case Information
*1
[Cite as
State v. Walker
,
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION No.
STATE OF OHIO
PLAINTIFF-APPELLEE vs.
GREGORY WALKER
DEFENDANT-APPELLANT JUDGMENT:
AFFIRMED Criminal Appeal from the
Cuyahoga County Court of Common Pleas Case CR-466934
BEFORE: Boyle, P.J., Rocco, J., and Keough, J.
RELEASED AND JOURNALIZED: October 13, 2011 2 FOR APPELLANT
Gregory Walker, pro se
Inmate No. 502-304
Southern Ohio Correctional Facility
P.O. Box 45699
Lucasville, Ohio 45699
ATTORNEYS FOR APPELLEE
William D. Mason
Cuyahoga County Prosecutor
BY: T. Allan Regas
Assistant County Prosecutor
The Justice Center, 8 th Floor
1200 Ontario Street
Cleveland, Ohio 44113
MARY J. BOYLE, P.J.: Defendant-appellant, Gregory Walker, appeals from the trial court’s order
denying his motion to vacate court costs. Finding no merit to his appeal, we affirm.
In 2006, Walker was convicted of murder with firearm specifications, and
having a weapon while under a disability. The trial court sentenced him to 23 years to
life in prison. The trial court also ordered Walker to pay court costs. Walker appealed
his convictions, which this court upheld. See
State v. Walker
, 8th Dist. No. 87968,
court cost[s], when the court failed to impose court cost[s] in open court but incorporated court cost[s] in appellant’s journal entry, as a result the court deprived appellant of his fourteenth amendment rights to the U.S. Constitution.” R.C. 2947.23 governs the imposition of court costs on a criminal
defendant. Pursuant to R.C. 2947.23(A)(1), a trial court must include “in the sentence the costs of prosecution and render a judgment against the defendant for such costs.” Id. Further, Crim.R. 43(A) provides that, “the defendant shall be present at the arraignment and every stage of the trial, including the impaneling of the jury, the return of the verdict, and the imposition of sentence ***.”
{¶ 6}
A defendant’s indigency does not shield him from the payment of court
costs.
State v. Threatt
, 108 Ohio St.3d 277,
abuse-of-discretion standard. Otherwise, the issue is waived and costs are res judicata.” Threatt at ¶22. Walker argues that although the trial court ordered him to pay court costs
in the sentencing entry, the trial court failed to orally inform him at the sentencing
hearing that he would have to do so. In support of his argument, he cites to the Ohio
Supreme Court’s decision in
State v. Joseph
, 125 Ohio St.3d 76,
43(A) for the trial court to impose costs in its sentencing entry when it did not impose those costs in open court at the sentencing hearing. Id. at ¶22. The Court reasoned that the defendant was denied the opportunity to claim indigency and to seek a waiver of the payment of court costs before the trial court because the trial court did not mention costs at the sentencing hearing. Id. Significantly, however, Joseph was decided in the context of a direct
appeal
from a resentencing judgment. The Supreme Court said nothing in
Joseph
to
suggest that a trial court’s failure to orally notify a defendant in open
court before imposing court costs can be corrected after the appeal period
expires. See
State v. Brown
, 8th Dist. No. 95048,
Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common 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.
MARY J. BOYLE, PRESIDING JUDGE
KENNETH A. ROCCO, J., and
KATHLEEN ANN KEOUGH, J., CONCUR
Notes
[1] Walker titled his motion: “ Motion to Vacate Fines/Court Costs. ” But the trial court did not order him to pay fines as part of his sentence. Thus, we will only refer to court costs.