State v. Hayes, Unpublished Decision (6-10-2005)
State v. Hayes, Unpublished Decision (6-10-2005)
Opinion of the Court
{¶ 2} Hayes was charged with obstructing official business, R.C.
{¶ 3} Hayes filed a timely appeal of the trial court's judgment entry of sentence raising the following assignment of error, "The trial court erred in imposing court costs on an indigent defendant."
{¶ 4} In support of his assignment of error, Hayes argues R.C.
{¶ 5} "Upon conviction of a nonindigent person for a felony, the clerkof the court of common pleas shall make and certify under his hand and seal of the court, a complete itemized bill of the costs made in such prosecution, including the sum paid by the board of county commissioners, certified by the county auditor, for the arrest and return of the person on the requisition of the governor, or on the request of the governor to the president of the United States, or on the return of the fugitive by a designated agent pursuant to a waiver of extradition except in cases of parole violation. Such bill of costs shall be presented by such clerk to the prosecuting attorney, who shall examine each item therein charged and certify to it if correct and legal. Upon certification by the prosecuting attorney, the clerk shall attempt to collect the costs from the person convicted." (Emphasis added.)
{¶ 6} R.C.
{¶ 7} R.C.
{¶ 8} As the Ohio Supreme Court recently stated, "* * * R.C.
{¶ 9} For the foregoing reasons, appellant's sole assignment of error is without merit and the judgment of the Conneaut Municipal Court is affirmed.
O'Neill, J., Grendell, J., concur.
Reference
- Full Case Name
- State of Ohio v. David P. Hayes
- Cited By
- 5 cases
- Status
- Unpublished