[Cite as State v. Woodland, 2014-Ohio-4477.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101118
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
DAESHAYVONNE WOODLAND
DEFENDANT-APPELLANT
JUDGMENT:
REVERSED AND REMANDED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-13-578335-B
BEFORE: Stewart, J., McCormack, P.J., and E.T. Gallagher, J.
RELEASED AND JOURNALIZED: October 9, 2014
ATTORNEY FOR APPELLANT
Rick L. Ferrara
2077 East 4th Street, Second Floor
Cleveland, OH 44114
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: Fallon Radigan
Assistant County Prosecutor
The Justice Center
1200 Ontario Street, 9th Floor
Cleveland, OH 44113
MELODY J. STEWART, J.:
{¶1} Defendant-appellant Daeshayvonne Woodland pleaded guilty to one count of
murder with a firearm specification. During sentencing, the court stated “I’ll waive fines
and costs.” The sentencing entry, however, stated “the court hereby enters judgment
against the defendant in an amount equal to the costs of this prosecution.” Woodland’s
sole assignment of error on appeal is that the court erred by issuing a sentencing entry
requiring her to pay court costs.
{¶2} The state concedes that the sentencing entry requiring Woodland to pay court
costs was a clerical error. We agree. The sentencing transcript makes it clear that the
court intended to waive costs. We therefore sustain the assignment of error and remand
with instructions for the court to issue a nunc pro tunc entry to make the sentencing entry
reflect what occurred during sentencing. See State v. Qualls, 131 Ohio St.3d 499,
2012-Ohio-1111, 967 N.E.2d 718, ¶ 13.
{¶3} This cause is reversed and remanded to the trial court for further proceedings
consistent with this opinion.
It is ordered that appellant recover of appellee her costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Cuyahoga
County Court of Common Pleas 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.
________________________________________
MELODY J. STEWART, JUDGE
TIM McCORMACK, P.J., and
EILEEN T. GALLAGHER, J., CONCUR