[Cite as State v. Pettway,

.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 98836

STATE OF OHIO PLAINTIFF-APPELLEE

vs.

TIMOTHY PETTWAY DEFENDANT-APPELLANT

JUDGMENT: AFFIRMED

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-498474

BEFORE: Blackmon, J., Stewart, A.J., and Kilbane, J.

RELEASED AND JOURNALIZED: April 4, 2013 FOR APPELLANT

Timothy Pettway, Pro Se Inmate #550-655 Toledo Correctional Institution 2001 E. Central Avenue Toledo, Ohio 43608

ATTORNEYS FOR APPELLEE

Timothy J. McGinty Cuyahoga County Prosecutor

By: Mary H. McGrath Assistant County Prosecutor 8th Floor Justice Center 1200 Ontario Street Cleveland, Ohio 44113 PATRICIA ANN BLACKMON, J.:

{¶1} Timothy Pettway (“Pettway”) appeals pro se the trial court’s imposition of

court costs and assigns the following error for our review:

The trial court erred in denying appellant’s motion to remand sentencing for the limited purpose of allowing defendant to move trial court for a waiver of the payment of court cost per State v. Joseph,

.

{¶2} Having reviewed the record and pertinent law, we affirm the trial court’s

judgment. The apposite facts follow.

{¶3} In May 2008, Pettway was convicted of murder and one-and-three-year

firearm specifications. The trial court sentenced him to 18-years to life in prison.

Pettway filed a direct appeal of his conviction; this court affirmed his conviction in State

v. Pettway, 8th Dist. No. 91716,

. Thereafter, Pettway filed various pro

se motions in the trial court, including his November 14, 2011 “Motion to Remand

Sentencing for the Limited Purpose of Allowing Defendant to Move Trial Court for a

Waiver of the Payment of Court Costs per State v. Joseph,

,

.” Pettway argued that the trial court imposed court costs in the journal entry, but

failed to impose the costs at the sentencing hearing. The trial court denied the motion on

July 30, 2012.

Res Judicata

{¶4} In his sole assigned error, Pettway argues the trial court erred by denying

his motion requesting that the trial court remand the matter for resentencing so that he

could request the court to waive court costs. In support of his argument, he relies on the Ohio Supreme Court’s decision in State v. Joseph,

,

,

.

{¶5} In Joseph, the Supreme Court held that it was reversible error under

Crim.R. 43(A) for the trial court to impose costs in its sentencing entry when it did not

impose those costs at the sentencing hearing. Id. at ¶ 22. Joseph, however, was decided

in the context of a direct appeal from the sentencing judgment imposing court costs. As

we have previously held, Joseph does not support the argument that a trial court’s failure

to orally notify a defendant in open court before imposing court costs can be corrected

after the appeal period expires. State v. Appleton, 8th Dist. No. 97942,

;

State v. Walker, 8th Dist. No. 96305,

. The appropriate forum for

challenging court costs is by way of direct appeal from the sentencing entry; a defendant

is barred under the doctrine of res judicata from raising the issue in a subsequent motion

or proceeding.

{¶6} In this case, Pettway could have raised the issue of court costs in his 2008

direct appeal to this court. He has not shown that he was precluded from raising the

issue at that time based on information contained in the original record. Having failed to

do so, Pettway is now barred from raising the issue in a motion after his direct appeal.

Accordingly, Pettway’s sole assigned error is overruled.

{¶7} Judgment affirmed.

It is ordered that appellee recover of appellant its costs herein taxed.

It is ordered that a special mandate be sent to said court to carry this judgment into

execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of

the Rules of Appellate Procedure.

PATRICIA ANN BLACKMON, JUDGE

MELODY J. STEWART, A.J., and MARY EILEEN KILBANE, J., CONCUR