Legal Opinion · Dissent

State v. Taylor

Ohio Court of Appeals

Decided December 28, 2017No. 104243Published

1Dissent

MELODY J. STEWART, J., DISSENTING:

{¶ 15} I agree that the court committed a prima facie violation of Taylor's Crim.R. 43(A) right to be present at every stage of the trial by not mentioning court costs at sentencing and imposing them in a sentencing entry outside of Taylor's presence.

*1106State v. Joseph, 125 Ohio St.3d 76, 2010-Ohio-954, 926 N.E.2d 278, ¶ 13. That violation was harmless, however, because Taylor has the ability to petition the court to waive the payment of court costs under R.C. 2947.23(C). To hold otherwise disregards legislative action no doubt meant to rectify the prejudice…

2Cases cited19 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. BradleyOhio Supreme Court · 1989
  3. Washington v. RecuencoSupreme Court of the United States · 2006
  4. State v. PerryOhio Supreme Court · 2004
  5. State v. WhiteOhio Supreme Court · 2004

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