State v. Heston, Unpublished Decision (5-2-2006)
State v. Heston, Unpublished Decision (5-2-2006)
Opinion of the Court
{¶ 2} Plaintiff-appellee is the State of Ohio.
{¶ 4} On or about October 14, 2005, appellant filed a "Motion to Postpone Payment of Court Costs."
{¶ 5} Pursuant to an Order filed on November 3, 2005, the trial court denied appellant's motion.
{¶ 6} On November 15, 2005, Appellant filed a Motion for Findings of Facts and Conclusions of Law.
{¶ 7} On November 17, 2005, the trial court denied said Motion.
{¶ 8} It is from the trial court's November 3, 2005, Order that appellant now appeals, raising the following assignment of error:
{¶ 11} As stated above, pursuant to the trial court's January 19, 2005, Sentencing Entry, appellant was ordered to pay "the cost of these proceedings."
{¶ 12} Appellant, in his motion, alleged that an indigent defendant could not be required to pay court costs. However, in the case of State v. White,
{¶ 13} Furthermore, the trial court was not required to hold a hearing to determine Appellant's indigent status as such would not be a bar to the collection of such court costs.
{¶ 14} Based on the foregoing, we find that the trial court did not err in denying appellant's Motion.
{¶ 15} Appellant's sole assignment of error is, therefore, overruled.
{¶ 16} Accordingly, the judgment of the Knox County Court of Common Pleas is affirmed.
Boggins, J. Wise, P.J. and Hoffman, J. concur.
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