State v. Hunter

Citations

• 2021 Ohio 2423

Syllabus

COURT COSTS – ABUSE OF DISCRETION – APPELLATE REVIEW: The trial court did not abuse its discretion in finding that court costs must be assessed on a per case basis, and not a per count basis, where defendant was successfully prosecuted on one count in a multi-count case. The trial court erred by imposing as \costs of prosecution\ transcripts ordered for the state after sentencing. As a matter of law, any transcripts ordered after sentencing cannot be considered \costs of prosecution.\ The trial court did not err by imposing as \costs of prosecution\ transcripts ordered for the state prior to the guilty verdict. The trial court erred by imposing as \costs of prosecution\ transcripts ordered for the state between the guilty verdict and sentencing without making sufficient findings to permit meaningful appellate review, and where the reasons for the trial court's decision were not otherwise apparent from the record.