State v. Jones, Unpublished Decision (4-11-2003)
State v. Jones, Unpublished Decision (4-11-2003)
Opinion of the Court
{¶ 2} The following facts are relevant to this appeal. Appellant was indicted on August 20, 2001, on five counts: two counts of rape in violation of R.C.
{¶ 3} The case proceeded to trial on February 4, 2002. On February 5, 2002, the jury returned guilty verdicts on all of the counts as charged. On February 8, 2002, appellant was sentenced to a term of ten years for each count of rape; ten years on the aggravated robbery count; seven years on the felonious assault count; and eight years on the aggravated burglary count. The trial court ordered that the sentences be served consecutively. The trial court ordered that appellant pay any restitution, all prosecution costs and any fees permitted pursuant to R.C.
{¶ 4} Appellant sets forth the following assignment of error:
{¶ 5} "The Trial Court Erred When It Ordered the Defendant-Appellant to Pay an Unspecified, Unsubstantiated Sum of Restitution, Court Costs, and Other Unspecified Costs."
{¶ 6} In this assignment of error, appellant argues that the trial court erred when it ordered appellant to pay an unspecified amount of restitution, the costs of prosecution and any fees permitted by R.C.
{¶ 7} R.C.
{¶ 8} In regard to appellant's claim regarding costs of prosecution, as noted by the appellate court in State v. Pasqualone
(2000),
{¶ 9} "*** `In both criminal and civil cases, costs are taxed against certain litigants for the purpose of lightening the burden on taxpayers financing the court system. As we view it, statutory provisions for payment of court costs were not enacted to serve a punitive, retributive, or rehabilitative purpose, as are fines.' (Citation omitted.)
{¶ 10} "*** We also note that R.C.
{¶ 11} Thus, based upon the plain language of the foregoing statute, the trial court shall assess the costs of prosecution against a defendant. Therefore, we conclude that the trial court did not err in assessing the costs of prosecution against appellant.
{¶ 12} Accordingly, appellant's assignment of error is found well-taken to the extent that the trial court erred in ordering appellant to pay restitution without specifying an amount.
{¶ 13} The judgment of the Lucas County Court of Common Pleas as to the imposition of restitution is reversed and vacated. This cause is remanded to that court to permit the court to ascertain an appropriate award of restitution. Appellee is ordered to pay the costs of this appeal.
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