2015-Ohio-2868
Ohio Ct. App. 5th
2015

STATE OF OHIO Plaintiff - Appellee -vs- MICHAEL ERNEST WILLIAMS Defendant - Appellant

Case No. 2015CA00045

COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT

July 13, 2015

[Cite as State v. Williams, 2015-Ohio-2868.]

Hon. W. Scott Gwin, P.J.; Hon. John W. Wise, J.; Hon. Craig R. Baldwin, J.

CHARACTER OF PROCEEDING: Appeal from the Stark County Court of Common Pleas, Case No. 2012CR1151 JUDGMENT: Affirmed

APPEARANCES:

For Plaintiff-Appellee

JOHN D. FERRERO Prosecuting Attorney By: KATHLEEN O. TATARSKY Assistant Prosecuting Attorney 110 Central Plaza South, Suite 510 Canton, OH 44702

For Defendant-Appellant

MICHAEL WILLIAMS, pro se Inmate No. 653-607 Lake Erie Correctional Institution 501 Thompson Road P.O. Box 8000 Conneaut, OH 44030

Baldwin, J.

{¶1} Appellant Michael Ernest Williams appeals a judgment of the Stark County Common Pleas Court overruling his motion to waive court costs. Appellee is the State of Ohio.

STATEMENT OF FACTS AND CASE

{¶2} On September 17, 2012, appellant was indicted for possession of cocaine in violation of R.C. 2925.11. He entered a plea of guilty and was sentenced to community control. Among the conditions of his probation was the payment of court costs. Judgment Entry of Sentence, December 7, 2012. Appellant did not appeal this entry.

{¶3} Appellant‘s probation was revoked on May 9, 2014, based on new charges in Case No. 2013CR1900 of driving while intoxicated and possession of heroin. His probation was revoked and he was ordered to serve two years incarceration, concurrent with the sentence on the new charges. He was again ordered to pay costs. He did not appeal this entry.

{¶4} On August 11, 2014, appellant filed a motion to vacate the payment of court costs. The motion was denied by the court on August 14, 2014, and appellant did not file an appeal.

{¶5} Appellant filed a motion to vacate court costs on March 5, 2015. The court denied the motion on March 6, 2015. Appellant assigns a single error on appeal:

{¶6} “TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO MOVE THE COURT FOR A WAIVER OF, AND FOR NOT, OBJECTING TO THE IMPOSITION OF COURT COSTS AGAINST THE INDIGENT APPELLANT.”

{¶7} Appellant argues that his trial counsel was ineffective for failing to move to waive court costs at his sentencing hearing. Appellant failed to appeal both the December 7, 2012, judgment which ordered him to pay court costs, and the May 9, 2014, entry which ordered him to pay court costs. Appellant‘s argument is barred by res judicata, as he failed to appeal the original orders imposing costs. See State v. Ketterer, 140 Ohio St. 3d 400, 18 N.E.3d 1199, 2014-Ohio-3973, ¶25-27.

{¶8} Appellant‘s assignment of error is overruled. The judgment of the Stark County Common Pleas Court is affirmed. Costs are assessed to appellant.

By: Baldwin, J.

Gwin, P.J. and

Wise, J. concur.