[Cite as State v. Snelling, 2013-Ohio-4180.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. William B. Hoffman, P.J.
Plaintiff-Appellee : Hon. Sheila G. Farmer, J.
: Hon. Craig R. Baldwin, J.
-vs- :
:
REGINALD SNELLING : Case No. 13CA3
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 2010-CR-0043D
JUDGMENT: Affirmed
DATE OF JUDGMENT: September 23, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN C. NIEFT CYNTHIA D. LOWENKAMP
38 South Park Street 598 Dirlam Lane
Mansfield, OH 44902 Mansfield, OH 44904
Richland County, Case No. 13CA3 2
Farmer, J.
{¶1} On February 4, 2010, the Richland County Grand Jury indicted appellant,
Reginald Snelling, on one count of abduction in violation of R.C. 2905.02, two counts of
failure to comply with the order or signal of a police officer in violation of R.C. 2921.331,
and one count of assault on a peace officer in violation of R.C. 2903.13. A jury trial
commenced on June 3, 2010. The jury found him guilty as charged. By amended
sentencing entry filed July 7, 2010, the trial court sentenced him to an aggregate term of
seven years in prison.
{¶2} Appellant filed an appeal and this court affirmed his convictions and
sentence. State v. Snelling, 5th Dist. Richland No. 10CA94, 2011-Ohio-3222.
{¶3} On November 21, 2012, appellant filed a motion to vacate payment of
court costs, fine and/or restitution. By judgment entry filed January 3, 2013, the trial
court denied the motion, finding fines or restitution were not imposed, and it did not
have the authority to suspend the imposition of court costs.
{¶4} Appellant filed an appeal and this matter is now before this court for
consideration. Assignments of error are as follows:
I
{¶5} "ABUSE OF DISCRETION"
II
{¶6} "VIOLATION OF DUE PROCESS OF LAW."
III
{¶7} "VIOLATION OF APPELLANT'S RIGHT OF EQUAL PROTECTION
UNDER THE LAW."
Richland County, Case No. 13CA3 3
I, II, III
{¶8} Appellant claims the trial court erred in denying his motion to vacate
payment of court costs, fine and/or restitution. We disagree.
{¶9} In State v. Threatt, 108 Ohio St.3d 277, 2006-Ohio-905, ¶ 23, the
Supreme Court of Ohio held the following:
Costs are assessed at sentencing and must be included in the
sentencing entry. R.C. 2947.23. Therefore, an indigent defendant must
move a trial court to waive payment of costs at the time of sentencing. If
the defendant makes such a motion, then the issue is preserved for
appeal and will be reviewed under an abuse-of-discretion standard.
Otherwise, the issue is waived and costs are res judicata.
{¶10} In the case sub judice, appellant did not move the trial court to waive the
imposition of court costs at the time of sentencing, nor did appellant raise the issue in
his direct appeal. State v. Snelling, 5th Dist. Richland No. 10CA94, 2011-Ohio-3222.
Therefore, we find the issue herein to be res judicata as defined in State v. Perry, 10
Ohio St.2d 175 (1967), paragraph nine of the syllabus:
Under the doctrine of res judicata, a final judgment of conviction
bars a convicted defendant who was represented by counsel from raising
and litigating in any proceeding except an appeal from that judgment, any
defense or any claimed lack of due process that was raised or could have
Richland County, Case No. 13CA3 4
been raised by the defendant at trial, which resulted in that judgment of
conviction, or on an appeal from that judgment.
{¶11} Assignments of Error I, II, and II are denied.
{¶12} The judgment of the Court of Common Pleas of Richland County, Ohio is
hereby affirmed.
By Farmer, J.
Hoffman, P.J. and
Baldwin, J. concur.
_______________________________
Hon. Sheila G. Farmer
_______________________________
Hon. William B. Hoffman
_______________________________
Hon. Craig R. Baldwin
SGF/sg 822
[Cite as State v. Snelling, 2013-Ohio-4180.]
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
REGINALD SNELLING :
:
Defendant-Appellant : CASE NO. 13CA3
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Richland County, Ohio is affirmed. Costs to
appellant.
_______________________________
Hon. Sheila G. Farmer
_______________________________
Hon. William B. Hoffman
_______________________________
Hon. Craig R. Baldwin