Legal Opinion

State v. Joseph

Ohio Supreme Court

Decided March 18, 2010No. 2008-0711 and 2008-1005PublishedCited by 218 opinions

1Opinion of the CourtPfeifer, J.

{¶ 1} In this case, we address the issue of whether a trial court may impose court costs pursuant to former R.C. 2947.23 in its sentencing entry when it did not impose those costs in open court at the sentencing hearing. We hold that a court errs in imposing court costs without so informing a defendant in court but that the error does not void the defendant’s entire sentence. Instead, upon remand, the trial court must address the defendant’s motion for waiver of payment of court costs.

Factual and Procedural Background

{¶ 2} Defendant-appellant, Richard E. Joseph, was convicted of the…

2Cases cited11 opinions

  1. State v. JordanOhio Supreme Court · 2004
  2. State v. SimpkinsOhio Supreme Court · 2008
  3. Woods v. TelbOhio Supreme Court · 2000
  4. State v. WhiteOhio Supreme Court · 2004
  5. State v. ThreattOhio Supreme Court · 2006

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3Cited by218 opinions

  1. State v. BeasleyOhio Supreme Court · 2018
  2. State v. Williams (Slip Opinion)Ohio Supreme Court · 2016
  3. State v. HarrisOhio Supreme Court · 2012
  4. State v. MooreOhio Supreme Court · 2012
  5. State v. Braden (Slip Opinion)Ohio Supreme Court · 2019

213 more not listed; retrieve them via the Exa API.

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