State v. Wade, Unpublished Decision (9-15-2005)

JOURNAL ENTRY AND OPINION

{¶ 1} The State of Ohio appeals from an order of the trial court that ordered the return of cash seized from defendant Corey Wade. The court found that this money was not contraband and ordered that a portion of the money be applied to the payment of court costs. The State claims that by its order, the court altered Wade's plea agreement to forfeit the money, and additionally claims error in the use of this money to pay court costs. We reverse.

{¶ 2} The record reveals that Corey Wade was arrested in February 2004 and charged with one count of possession of PCP, in…