State v. Matthews, Unpublished Decision (11-9-2000)
State v. Matthews, Unpublished Decision (11-9-2000)
Opinion of the Court
"THE ASSESSMENT OF THE COST OF TRANSPORTATION, FROM A PENAL INSTITUTION TO THE LOCAL COURT, AGAINST AN INDIGENT DEFENDANT IS CONTRARY TO THE LAW, CONTRARY TO PUBLIC POLICY AND IS PUNITIVE IN NATURE."
A brief summary of the facts pertinent to this appeal is as follows. On January 7, 1999, two criminal complaints were filed charging appellant with complicity to commit theft in violation of R.C.
On January 21, 2000, appellant filed a motion to modify that sentence. The first portion of his motion addressed the partially suspended fine and asserted that the fine should be "deleted" in its entirety because he was indigent. The second portion of the motion spoke to the imposition of court costs. Appellant attached a copy of a letter from the Administrator of the Highland County Court itemizing the court costs that were assessed against him. One of the items included in that cost was $205.50 charged by the Greenfield Police Department to transport him from the Orient Correctional Facility for court appearances. Appellant argued that it was "unfair and unreasonable" to charge him the costs of that transportation and he asked that it be deleted from the court cost bill.
A hearing was held on February 16, 2000, at which time the trial court noted that little legal authority exists as to the issue of assessing transportation expenses as a part of court costs. The trial court nevertheless noted that it was inclined to overrule both parts of the motion. Judgment to that effect was entered on March 10, 2000, and this appeal followed.
Appellant argues in his assignment of error that assessment of transportation expenses, as a part of the court costs, is contrary to law and public policy. Before that argument can be addressed, however, we must first resolve a threshold jurisdictional problem. The law of Ohio provides that appellate courts have jurisdiction to review the final orders or judgments of inferior courts within their districts. See
Section
That being said, the provisions of App.R. 4(A) specify that a notice of appeal should have been filed within thirty (30) days after entry of that judgment. This time limit is jurisdictional and cannot be enlarged. SeeRundle v. Rundle (1997),
We acknowledge that the notice of appeal filed below is not from the January 10, 2000 judgment of conviction and sentence, but rather from the March 10, 2000 entry overruling appellant's motion to modify fines and court costs. A review of that motion, however, reveals that it is essentially a motion to reconsider the January 10th final order. The Ohio Supreme Court held nearly two decades ago that the rules of civil procedure do not provide for motions to reconsider a final judgment at the trial court level. See Pitts v. Dept. of Transportation (1981),
Thus, appellant cannot base his appeal on the March 10, 2000 judgment overruling his motion to modify court costs. He should have, instead, appealed the January 10, 2000 judgment of conviction and sentence which assessed those costs.1 His appeal is out of rule and this Court lacks jurisdiction to consider the matter. For these reasons, the appeal is hereby dismissed.2 JUDGMENT ENTRY
It is ordered that the appeal be dismissed and 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 Highland County Court to carry this judgment into execution.
Harsha, J.: Dissents
Evans, J.: Concurs in Judgment Opinion
___________________________ Peter B. Abele, Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.