[Cite as State v. Mathis,

.]

COURT OF APPEALS MUSKINGUM COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO JUDGES: Hon. William B. Hoffman, P.J. Plaintiff-Appellee Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J. -vs- Case No. CT2018-0011 MICHAEL W. MATHIS

Defendant-Appellant OPINION

CHARACTER OF PROCEEDING: Appeal from the Muskingum County Court of Common Pleas, Case No. CR2017-0427

JUDGMENT: Affirmed

DATE OF JUDGMENT ENTRY: October 5, 2018

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

D. MICHAEL HADDOX CHRISTINA MADRIGUERA Prosecuting Attorney Assistant State Public Defender Muskingum County, Ohio 250 East Broad Street, Suite 1400 Columbus, Ohio 43215 By: GERALD V. ANDERSON II Assistant Prosecuting Attorney Muskingum County, Ohio 27 North Fifth St., P.O. Box 189 Zanesville, Ohio 43702-0189 Muskingum County, Case No. CT2018-0011 2

Hoffman, P.J.

{¶1} Defendant-appellant Michael W. Mathis appeals the January 18, 2018 Entry

entered by the Muskingum County Court of Common Pleas, which assessed $1398.00 in

costs against him. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE CASE1

{¶2} On November 2, 2017, the Muskingum County Grand Jury indicted

Appellant on one count of felonious assault, in violation of R.C. 2903.11(A)(1), a felony of

the second degree, with a repeat violent offender specification. The matter proceeded to

jury trial on the felonious assault charge on January 16, 2018. After hearing the evidence

and deliberating, the jury found him guilty as charged. The trial court found Appellant

guilty on the repeat violent offender specification, which was tried separately to the court.

{¶3} On January 17, 2018, the trial court sentenced Appellant to an aggregate

prison term of eighteen years. The trial court memorialized Appellant's sentence via Entry

filed January 18, 2018. Therein, the trial court also assessed the costs of the prosecution

in the amount of $1398.00 to Appellant.

{¶4} It is from this entry Appellant appeals, raising as his sole assignment of

error:

MR. MATHIS RECEIVED INEFFECTIVE ASSISTANCE OF

COUNSEL IN VIOLATION OF THE SIXTH AMENDMENT TO THE UNITED

STATES CONSTITUTION AND ARTICLE I, SECTION 10 OF THE OHIO

CONSTITUTION WHEN TRIAL COUNSEL FAILED TO FILE A MOTION

1 A Statement of the Facts is not necessary to our disposition of the Appeal. Muskingum County, Case No. CT2018-0011 3

TO WAIVE COURT COSTS AT SENTENCING. (JANUARY 18, 2018

ENTRY).

I.

{¶5} This Court has recently addressed and rejected Appellant’s argument in

State v. Davis, 5th Dist. Licking App. No. 17-CA-55,

, and State v. Harris,

5th Dist. Muskingum App. No. CT2018-0005,

. Appellant cites nothing in

his Brief to prompt us to deviate from our prior rulings. Accordingly, we adhere to our

prior precedent in Davis and Harris and overrule Appellant's sole assignment of error.

{¶6} We note this issue is currently pending before the Ohio Supreme Court on

a certified conflict between Davis, supra, and State v. Springer, 8th Dist. Cuyahoga No.

104649,

. State v. Davis,

,

.

{¶7} The judgment of the Muskingum County Court of Common Pleas is

affirmed.

By: Hoffman, P.J.

Delaney, J. and

Wise, Earle, J. concur Muskingum County, Case No. CT2018-0011 4